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(영문) 창원지방법원 밀양지원 2014.07.24 2013고단358

근로기준법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013JE 358] The Defendant is a representative director of C, a corporation, public official, and official, who works for the manufacturing of shipbuilding machinery and equipment, using 20 regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, while working in the foregoing workplace from January 15, 2013 to February 28, 2013, and retired from the workplace, did not pay KRW 5,250,000 of the D’s wages, and KRW 3,037,500 of the E’s wages, which were retired from office, within 14 days from the date of the occurrence of the cause for payment without an agreement between the parties on the extension of the due date for payment.

[2013JE 369] The Defendant is an employer who operates the manufacturing business of shipbuilding machinery using 20 full-time workers as the representative director of C, a corporation located in Gyeongnam-gun, Gyeongnam-gun.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 17,40,000 for employees’ arrears, as shown in the separate sheet, as well as KRW 5,200,000 for December 1, 2012, which served as the on-site leader from March 1, 2012 to January 19, 2013, as the work site of the work site for which C was contracted by F, and from the factory of the above F located in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in terms of an unpaid amount of KRW 3,80,000 for January 20,

Summary of Evidence

(b).