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(영문) 부산지방법원 서부지원 2018.03.08 2017고단889
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 two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant of "2017 Highest 889" is an employer who operates a manufacturing company employing 20 full-time workers as the representative director of F corporation located in Gangseo-gu Busan Metropolitan Government E.

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

Nevertheless, the Defendant, who was employed by the said company from December 5, 2016 to January 20, 2017, was serving as construction workers employed by the said company, and was retired from office on January 1, 2017, and the Defendant did not pay 32,445,000 won, including the monthly wage of KRW 4,095,00,000, total of the wages and retirement allowances not paid to each individual, within 14 days from the date of retirement without agreement on the extension of the payment deadline.

The defendant of "2017 Highest 1457" is an employer who, until February 2017, employs 80 full-time workers within H in the Hamnam-si, Hamnam-si, Hamman from February 1, 2017, engaged in the manufacturing business of components of a ship.

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

Nevertheless, the Defendant did not pay KRW 3,794,870 of the J’s wages in January 2017, and did not pay KRW 42,359,680 of the total wages of 12 employees within 14 days from the date of retirement without agreement on the extension of payment due date, as stated in the details of money and valuables in the attached Form, to the effect that he/she was employed by the said F in the business site from around December 5, 2016 to January 26, 2017.

Summary of Evidence

"2017 Highest 889"

1. Statement by the defendant in court;

1. Each return, written statement and written petition;

1. The average wage and retirement allowance calculation statement "2017 high group 1457";

1. Statement by the defendant in court;

1. Application of each of the relevant Acts and subordinate statutes;

1. Criminal facts;

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