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(영문) 창원지방법원 2017.06.14 2016고단1552
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

[2016 Highest 1552] Defendant is the representative director of E, a corporation, the main purpose of which is to conduct the business of sponsing cellphones located in Sungwon-si D, Changwon-si, Changwon-si, who is a person in charge of the business operation of the said corporation.

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.

Even so, Defendant 1 worked from May 24, 201 to November 7, 2015 at the above workplace, and did not pay KRW 100,949,841, total of the wages and retirement allowances, etc. for the total six employees, as indicated in each of the following: (a) No. 6, 14, 22, 29, 31, and 32, including the wage and retirement allowances, etc. for each individual in arrears of the attached Form 6, 14, 22, 29, 31, and 32 of the retired employee F, without any agreement on the extension of the payment period between the parties.

[2016 Highest 3004] The defendant is the representative director of E, a corporation, the main purpose of which is to conduct the business of sponsing cellphones located in Sungwon-si D, Changwon-si, Changwon-si, and is the person in charge of the business operation of the above corporation.

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.

Even so, Defendant 1 worked as the head of the production department from May 2, 2013 to May 31, 2016 at the above workplace, and did not pay KRW 72,056,502 in total, including KRW 11,941,510,00,00 for retired employees G retirement pay to each employee, as stated in each of the following: (2) No. 4,6,13, and the statement of money and valuables in arrears for each individual; and (3) No. 72,056,50,000,000,000,000 won, including wages and retirement pay to all seven employees, without agreement

[2016 Highest 4488] Defendant is an employer who is engaged in the manufacturing of ED parts by employing 90 full-time workers as the representative director of I Co., Ltd. in Sungwon-si H in Changwon-si.

The defendant retires while serving in the same workplace from July 4, 2016 to September 21, 2016.

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