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(영문) 창원지방법원 마산지원 2019.08.13 2018고단92

근로기준법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Of the facts charged in the instant case, violation of the respective Labor Standards Act concerning B and C.

Reasons

Punishment of the crime

The defendant of "2018 Highest 547" is an employer who runs a manufacturing business of caters in the trade name of E in the Haak-gun, Hanam-gun D.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 is working in the above workplace from June 13, 2017 to October 17, 2017.

The retirement F’s total amount of KRW 3,50,000 for wages in July 2017, KRW 3,50,000 for August 2017, and KRW 9,850,000 for wages in September 3, 2017, and KRW 3,50,000 for September 2017, did not pay KRW 9,850,000 for individual employees within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as stated in the details of the personal delayed money and valuables in the attached Form.

The defendant of "2018 Godan1211" is an employer who employs three full-time workers in the trade name of "E" from Gangseo-gu Busan Metropolitan City and carries out steel structure manufacturing work.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 is working from September 10, 2017 to October 29, 2017 at the above workplace.

The retired H’s wage of KRW 2,500,000 on October 2017 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

"2018 Highest 547"

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A complaint;

1. A written petition;

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