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(영문) 인천지방법원 2016.02.15 2015고정1740
근로기준법위반
Text

Defendants shall be punished by each fine of KRW 1,500,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

C On May 9, 2014, the Incheon District Court was sentenced to one year of imprisonment with prison labor for embezzlement, and the judgment became final and conclusive on January 29, 2015.

The defendants are full-time workers who run the automobile maintenance business with LM companies at the time of light and are employers who run the automobile maintenance business with 10 full-time workers.

1. Where a worker dies or retires, the employer of the portion unpaid to wages shall pay the wages, compensations, and 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.

A. Defendant A, in collaboration with Defendant C, worked in the said workplace from April 7, 2014 to May 21, 2014, and did not pay the total of KRW 13,463,042 of the wages of six workers within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table, including the total of KRW 1,19,354, and the total of KRW 1,935,484, and the wage of KRW 1,935,484, May 2014.

B. Defendant C, in collaboration with Defendant A, worked from April 7, 2014 to May 21, 2014 at the same place of business, and did not pay 10,163,042 won, including the total of KRW 1,119,354 won for April 2014, and the total of KRW 1,935,484 for May 2014, including KRW 3,054,838, as stated in the separate list of crimes in the separate list of crimes, excluding the part of the worker K, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties.

2. An employer of a portion not given in writing, specifying working conditions, shall deliver to the worker a written statement specifying the items constituting the wages, the calculation method, the payment method, the small working hours, the holidays, and the annual paid leaves;

Nevertheless, the Defendants jointly do so.

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