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(영문) 부산지방법원 동부지원 2015.07.01 2015고단429
근로기준법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Judgment of the court below] The defendant is the representative director of D Co., Ltd. in the second floor of Busan Shipping Daegu C Co., Ltd. who operates food business using 40 full-time workers.

When a worker retires, an employer shall pay wages within 14 days from the date when the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned, in special circumstances.

【Criminal Facts】

[2015 Highest 429] The Defendant did not pay 1,80,000 won of wages of E retired workers at the same workplace around September 24, 2014 at the same workplace and did not pay 75,609,060 won in total for 30 workers 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 to the extension of the due date for payment.

"2015 Highest 601" Defendant shall work in the above workplace from October 1, 2014 to February 28, 2015.

The retired FF shall have worked from December 4, 2014 to February 25, 2015 as wages of 4,486,000 won and from June 4, 2014 to February 25, 2015.

The retirement G's total wages of 6,137,710 won, including 1,651,710 won from January 2, 2015 to 2, did not pay 6,137,710 won respectively 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

"2015 Highest 770" Defendant shall work in the above workplace from September 29, 2014 to October 29, 2014.

The retired H’s total amount of KRW 16,201,422, including KRW 1,600,000 on October 2014, was not paid respectively within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date, as stated in the details of personal delayed payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, J, K, L, M, N, P, Q, G, H, R, T, and U;

1. Application of respective Acts and subordinate statutes to written complaints and written complaints;

1. Article 109 of the Labor Standards Act applicable to criminal facts and Article 109 of the Labor Standards Act.

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