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(영문) 대전지방법원 2020.08.13 2019고단4435
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of "2019 Highest 4435" is a representative director of C, a corporation located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, who runs a specialized environmental construction business by using 20 full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 36,590,065 won in total of six 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 of payment, as shown in the attached crime list, as well as 2,672,245 won of retired F's wages, when working at the construction site of the E wastewater treatment facilities in the Jeonju-gun, Jeonbuk-gun, Inc. and working from December 18, 2018 to January 7, 2019.

The defendant of 2020 order 2085 is the representative of C Co., Ltd. in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, who runs the wholesale and retail business, etc. of industrial machinery using approximately ten regular workers.

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

Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.

Nevertheless, the Defendant worked for the aforementioned company from October 9, 2018 to December 31, 2018 under the control of the said company, and was employed for the period from March 19, 2019 to April 1, 2019 by the employee G, and was employed for the period from March 19, 2019 to April 1, 2019 by the employee H, and was employed for the period from March 19, 2019 to the employee H, and did not pay the total amount of KRW 6,50,000 as wages of KRW 20,000 for April 20, 2019, and KRW 6,50,000 for the total amount of wages of H within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

b)a summary of the evidence;

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