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(영문) 창원지방법원 2018.05.11 2018고단72

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 14, 2017, the Defendant was sentenced to a suspended sentence of three years on October 27, 2017 by imprisonment with prison labor for violating the Labor Standards Act at the Changwon District Court, and the said judgment became final and conclusive on October 27, 2017.

[2] The defendant is the representative director of the corporation D, which is located in Seongbuk-gu, Changwon-si, Changwon-si, and is an employer who engages in the business of manufacturing electronic parts by employing 100 full-time workers.

1. When a worker dies or retires, the employer who has violated the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant, who retired from the above workplace from April 26, 2016 to May 4, 2016, did not pay KRW 379,880 of the E's wages on May 5, 2016, within 14 days from the date of retirement, which is the date of payment, without an agreement between the parties on the extension of the payment period between the parties, as well as the "G" stated in the name column of No. 14 in the name column of the annexed crime list No. 14 of the annexed crime list of the annexed crime list of the annexed crime list of the annexed crime, is obvious that the "H" and the "I" stated in the name column of No. 38 at the end is each clerical error of "J", and thus is correct ex officio as above.

(except for the portion above 24, 36, 44, 47, 86) of wages of 84 workers, 678,939,265 workers, as in the net 24, 36, 44, 47, and 86, did not each pay 678,939,265 workers within 14 days from the date of each retirement for which the payment was made, without agreement

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant, in the above workplace from July 13, 2015 to August 1, 2016, did not pay KRW 2,145,350 of F's retirement pay of 2,145,350, which was retired from the said workplace within 14 days from the date of retirement, which is the date of payment, without an agreement between the parties on the extension of the payment period between the parties, and was as in the list of crimes in attached Form 39.