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(영문) 의정부지방법원 2015.02.11 2014고단2977

근로기준법위반등

Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 700,000 won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

[2014 Highest 2977] Defendant A was an employer operating the Textiles Manufacturing Business Co., Ltd. located in Macheon-si D and did not pay KRW 30,549,152 of the total amount of eight workers’ eight wages and retirement allowances within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned, as stated in the separate crime list, including KRW 2,898,296, which was worked from May 21, 2012 to July 31, 2013.

[2014 Highest 3560] Defendant B is a business owner who is established for the purpose of textile processing business, etc. in Macheon City D, and Defendant A is a representative director of the corporation B, who is responsible for overall management of safety and health business of its employees.

1. Defendant A

A. On July 29, 2014, the Defendant, at the same place of business, was required to have a strong structure with sufficient strength to take protective measures, such as safety railings, fences, vertical crashings, covers, etc., at places where workers might fall down, as the end or opening part of the work launch and passage, at the same place of business, and at places where workers might fall down. However, the Defendant did not take necessary measures to prevent the fall risk by failing to install safety hazards on the opening part of the storage warehouse in front of the storage.

B. The Defendant, at the above time and at the same place, has to install a string, sound, slick, bell, slick, slick, and slick on the parts where workers are likely to face danger, but did not take measures necessary to prevent any danger caused by machinery, apparatus, or other equipment by failing to install a protective unit on the part of the composite room on the second floor and the part of the air compressors on the third floor, and by failing to install a protective unit on the part of the third floor.

2. Defendant B, a representative of the Defendant, takes measures necessary to prevent the risk of workers as above in relation to the Defendant’s business.