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(영문) 인천지방법원부천지원 2020.08.13 2019고단2911
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant of "2019 Highest 2911" is the user who runs the manufacturing business by using ten full-time workers as the representative of the Co., Ltd. in Kimpo-si B.

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

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

Nevertheless, the defendant is working from March 8, 2019 to May 17, 2019 at the above workplace.

The retirement D's wages of KRW 25,967,539, including KRW 2,613,333 of April 2019, did not pay the total wages of six retired workers within 14 days from the date of occurrence of the reasons for payment without an agreement on the extension of the due date between the parties, as shown in attached Table 1 of Crimes List 1.

The defendant of "2019 Highest 3484" is a user who runs a manufacturing business with ten full-time workers as C representative director in Kimpo-si B.

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

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

Nevertheless, the defendant is working from April 11, 2019 to June 30, 2019 at the apartment construction site in Yangsan-si.

The retired F's total amount of KRW 30,683,416 of the wages of four retired workers, including KRW 2,711,000 on June 6, 2019, was not paid within 14 days from the date on which the cause for payment occurred without an agreement between the parties on the extension of the due date, as shown in attached Table 2 of Crimes List 2.

Summary of Evidence

"2019 Highest 2911"

1. Each of the statements written by the accused in the third trial records, G, H, I, J, and K, each of which is written by the accused, each of which shall be paid in arrears, and each of which shall be paid in arrears.

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