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(영문) 창원지방법원 마산지원 2017.03.07 2016고단1036

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.

(e).

Reasons

Punishment of the crime

The defendant is an employer who runs a manufacturing business under the trade name of M in the Haak-gun L in the Haak-gun.

"2016 Highest 1036"

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 was employed by the Defendant on July 22, 2013 and worked at the said workplace on May 31, 2016, and did not pay KRW 400,000 as a bonus in the year 2015, KRW 1,200,000, KRW 1,092,00 as a bonus in the year 2015, KRW 1,092,00 as a bonus in the year 2016, May 2, 2016, KRW 141,00, KRW 150,000, KRW 1,50,000, and KRW 6,25,540, including KRW 1,25,540, and KRW 1,540 as an annual allowance in the year 2015, including KRW 1,25,540, and KRW 1,301,15,000 among the parties to retirement 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; and

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

Nevertheless, the Defendant was employed by the Defendant on July 22, 2013 and worked at the said workplace on May 31, 2016, and did not pay 50,482,542 won in total from the date of retirement to the victims as stated in the [Attachment 1] list of crimes (Ⅱ), including 8,015,973 won from the victim N, retired on May 31, 2016, without any agreement on the extension of the payment deadline between the parties.

"2016 Highest 1284"

1. When an employee in violation of the Labor Standards Act dies or retires, the employer shall cause such payment;