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(영문) 수원지방법원 평택지원 2018.10.05 2017고단161
근로기준법위반
Text

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

Reasons

Punishment of the crime

Defendant 1 is the representative of the corporation in Pyeongtaek-si B and C with the third floor, who is engaged in the manufacturing industry by using three full-time workers.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred.

"2017 Highest 161"

1. The Defendant did not pay KRW 11,292,674, respectively, within 14 days from the date of his/her retirement, including the amount of KRW 1,30,000 paid by his/her retired workers D, from August 13, 2015 to October 31 of the same year, to the said place of business, without any agreement on the extension of the payment period between the parties, as shown in the attached list of crimes (1).

"2017 Highest 632"

2. The Defendant did not pay 72,107,468 won in total for 14 employees, including the wage of 15,91,764 won from September 2, 2015 to November 4, 2016 of retired workers E, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as shown in the attached list of crimes (2).

"2017 Highest 1727"

3. The defendant in the above workplace from February 15, 2017 to the same year

5. Unless there exists an agreement between the parties on the extension of the payment period between the parties, the employee F’s wage of KRW 2,160,250 has not been paid until December 14, 200.

"2018 Highest 15"

4. The Defendant did not pay 14,230,00 won, including the wages of G workers who worked from September 1, 2016 to the 30th of the same month and retired from the said workplace, within 14 days from the date of retirement, without agreement on the extension of the payment period between the parties concerned, as shown in the attached list of crimes (3), including the wages of KRW 3,700,000.

Summary of Evidence

"2017 Highest 161"

1. A protocol concerning the examination of suspect of the special judicial police officer against the accused;

1. Each written statement;

1. A petition (No. 16 No.) 1.

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