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(영문) 창원지방법원 마산지원 2018.01.09 2017고단815
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in arrears, such as wages for workers in B, is an employer who operates the business of manufacturing automated machines with the trade name B from Haan-gun C in the Haan-gun.

A. The Defendant was employed by the Defendant from June 13, 201, and was retired on October 31, 2016, and did not pay KRW 3,942,710,00, total amount of money and valuables, including KRW 3,942,710, and KRW 942,710, as of October 31, 201, to the victim D’s retired on October 31, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

B. The Defendant, under employment from June 13, 201, did not pay KRW 15,823,703 of the victim D retirement pay on October 31, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. The Defendant is the employer who operates an automation machine manufacturing business by the representative of the E-company located in Haan-gun, Haan-gun, Hannam-gun.

A. The Defendant was employed by the said company from September 15, 2015, and was retired on March 31, 2017, and did not pay 21,491,595 won in total, including the sum of 2,158,350 won on February 31, 2017 of the victim F, retired on March 31, 2017, and 2,739,230 won on March 3, 2017, and 62,90 won on the settlement of accounts at the end of the year 2016, as indicated in the attached Table of Crimes, without agreement on the extension of the payment period between the parties, within 14 days from the retirement date.

B. The Defendant, as from September 15, 2015, employed by the said company and employed on March 31, 2017, did not pay KRW 66,112,302 in total for seven employees, including KRW 3,715,863 of the F retirement pay of the victim F, retired on March 31, 2017, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, and H;

1. Revenue collection receipt for each earned income;

1. Details of each transaction;

1. Each detailed statement of benefits;

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