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(영문) 의정부지방법원 2018.07.18 2017고단3199
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 3199" is a user who operates a furniture manufacturing enterprise using five full-time workers as a real manager of D located in Nam-si, Namyang-si.

When a worker dies or retires, the employer shall pay the wages, compensations, 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 did not pay the total of KRW 24,650,000 for four workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the due date for payment in August 13, 2015 and September 25, 2015, including the payment of KRW 3,000,000 in total, including the wage of KRW 1,000,000 in September 2015 and the wage of KRW 1,00,000 in September 2015.

The defendant of "2018 Highest 660" is a G representative in Namyang-si F, who runs a household manufacturing business using six full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, 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 did not pay the total of KRW 5,400,000 for two workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of payment period, as shown in the list of crimes in attached Table 2, including the payment of KRW 1,50,000 in January 2, 2017, and the total of KRW 1,50,000 in February 2017, and KRW 2,40,000 in March 2017, which had been employed by the said workplace from December 2, 2016 to March 4, 2017.

The defendant of "2018 Highest 2572" did not subscribe to liability insurance, while the defendant of "2018 Highest 2572" did not move to J in South-si around 10:10 on December 4, 2017.

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