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(영문) 서울북부지방법원 2018.05.11 2017고단881
근로기준법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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.

(e).

Reasons

Punishment of the crime

"2017 Highest 881"

1. The Defendant is a representative of the “O” on the N or 3rd floor Seoul Jung-gu, which ordinarily operates a mobile phone sales business using eight full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW Q’s wages of KRW 1,287,36,275,643, which were retired from the said workplace to February 23, 2016, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment date, as the sum of KRW Q’s wages of KRW 988,277, and KRW 2,275,643, which were retired from the said workplace, from the said workplace to February 29, 2016.

2. The Defendant is the representative director of the “(ju)R” at the same place, who runs a tele-market business using eight full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 2,035,920 for the total four workers within 14 days from the date of retirement, which is the date of the cause of payment, without agreement between the parties on the extension of the payment deadline, as shown in attached Table (1), Nos. 1, 6, 7, and 9, as well as the annual wage of KRW 492,00,00, retired from the said workplace as from March 21, 2016 to June 14, 2016.

The Defendant, “2017 Highest 2599,” is a user who operates mobile phone communications sales business using 7 full-time workers as the actual representative of (ju) R and (ju)U in the first floor under the T of Seoul Jung-gu, Seoul.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, it is not appropriate.

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