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(영문) 수원지방법원 안산지원 2018.10.25 2018고단508
근로기준법위반등
Text

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

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

(e).

Reasons

Punishment of the crime

The defendant is an employer who has been engaged in the clothing manufacturing business by employing 50 full-time workers as the representative of Ansan-si Co., Ltd. located in Ansan-si, and is an employer who is engaged in the manufacturing business by employing 30 full-time workers as the actual representative of D Co., Ltd. located in Ansan-si, Ansan-si.

"2018 Highest 508"

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred, except where the date of payment is extended by an agreement between the parties concerned;

Nevertheless, the defendant was employed from April 26, 2017 to July 12, 2017 at the above workplace and retired from the above workplace. Attached Table 1. The defendant did not pay the wages of KRW 455,237 in June 2017 and KRW 669,288 in July 2017, and KRW 1,124,525 in total within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without agreement on the extension of the payment date between the parties.

"2018 Highest 2195"

2. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred, except where the date for payment has been extended by an agreement between the parties concerned;

A. C The Defendant did not pay KRW 3,848,916, totaling KRW 383,00,000 for business suspension allowances on July 2, 2017, when he/she worked in C at C from April 26, 2017 to July 24, 2017, as wages of 741,936 won on July 7, 2017; and KRW 1,533,334 won on business suspension allowances of 1,090,646 won on June 2017; and KRW 3,848,916 on business suspension allowances of 483,00 on July 2017 without agreement between the parties to the extension of the payment date.

B. On May 1, 2016, the Defendant, Co., Ltd., Ltd., E, included KRW 1,955,376 of the annual paid leave allowances of H, which retired from May 1, 2016, and Attached 2. 2. As indicated in the list of crimes, eight workers’ wages totaled KRW 24,169,304.

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