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(영문) 창원지방법원 밀양지원 2018.11.15 2017고단406
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

The Defendant, “2017 Highest 406,” was the representative director of Da, who was not in the Republic of Korea and was in the Republic of Korea, and was employed by four full-time workers in the business of manufacturing pumps structures.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, and other money or valuables, unless there exists an agreement between the parties on the extension of the payment deadline, within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 44,274,470, including that of KRW 1,619,480 in May 2017, 2017 to workers E, who worked as the head of the assembly division from September 9, 2013 to May 17, 2017 at the above workplace, and did not pay the total amount of KRW 44,274,470, such as wages of six retired workers, as in the previous report.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment period;

Nevertheless, the Defendant did not pay KRW 10,506,97 of the retirement allowance of the employee E employed by the head of the assembly division from September 9, 2013 to May 17, 2017 at the above workplace, and did not pay KRW 30,521,026 in total, including the statement of the money and valuables in arrears for each individual in attached Form (2).

The defendant of "2017 Highest 494" is a person who runs the manufacturing business of pumps structures by employing four full-time workers, who are the representative director of (ju) D, who was not in the Gyeongnam-gun, and was in the Republic of Korea.

When a worker dies or retires, the employer shall pay the wages and other money and valuables, within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the defendant at the above workplace from August 19, 2013 to November 30, 2016.

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