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(영문) 대전지방법원 천안지원 2015.11.09 2014고단502
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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, as the (main WW representative) representative director in the Gangnam-gu Seoul Metropolitan City, is an employer who ordinarily employs 50 full-time workers and operates a bridge H beam manufacturing business, construction business, etc. using 50 full-time workers.

"2014 Highest 502"

1. 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 had worked from April 1, 2013 to September 30, 2013 at the above workplace and did not pay KRW 5,503,750 in August 2013 of the retired X (Attached crime list No. 1), and did not pay KRW 3,4,50 in the list of crimes, No. 503,750 in the annexed list of crimes, 11, 12, 13, 14, 15, 16, and 19 in the annexed list of crimes, such as wages, annual allowances, etc. total of KRW 159,156,962, total of KRW 47,737,260 in the annexed list of crimes, and no payment has been made within 14 days from the date of retirement without agreement of the parties to the payment.

(Annex 2 Y, No. 9 in the list of crimes in the attached Form 1 Y, the Z is withdrawn from each indictment)

2. When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to such dismissal, and when he/she fails to do so prior to such thirty days, he/she shall pay not less than thirty days ordinary wages;

Nevertheless, the Defendant did not give a worker AA who was employed on April 2, 2012 at the above workplace 30 days prior to dismissal and did not pay 7,309,620 won equivalent to the ordinary wage for 30 days without giving a notice of dismissal on October 27, 2013.

"2014 Highest 722"

1. 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, at the above place of business, worked from May 28, 2015 to February 28, 2014, together with AB's wages of KRW 1,733,290 (Attached Table 2, No. 51 among Attached Table 2).

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