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(영문) 창원지방법원 2016.10.26 2016고단910
근로기준법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 910" is an employer who runs a construction business using a worker without a specific trade name, having his/her residence in Jin-gu Seoul Special Metropolitan City, Jin-si B.

The Defendant, from September 2, 2015 to November 3, 2015, worked at a construction site, such as a new construction site for multi-family housing in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Self-Governing Province, and had not paid the total of KRW 7,180,00 of the wages of 19 workers within 108,185,00 from the date of retirement without any agreement on the extension of the due date between the parties, as shown in the attached crime list.

The defendant of "2016 Highest 1158" is an employer who runs a construction business by using a worker without a trade name in Changwon-si B.

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

Nevertheless, the Defendant is working as steel-based workers from August 8, 2015 to October 14, 2015 at the site of the structural construction of the pelvis E neighborhood living facilities in Seongbuk-gun.

In August 2015, F workers who retired were not paid the total amount of KRW 9,376,614, as shown in the attached list of crimes, including the total amount of KRW 291,614 of wages in August 2015.

The defendant of "2016 Highest 2575" is an employer who runs a construction business by using a worker without a trade name in Changwon-gu B of Changwon-si.

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

Nevertheless, the Defendant is working as a steel-line technician from October 16, 2015 to October 18, 2015 at the construction site of the new building in the Seocho-gu Seoul Special Metropolitan City.

In addition, the list of the crimes committed by retired workers, including the wage of 600,000 won on October 2015.

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