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(영문) 창원지방법원 마산지원 2017.07.12 2017고단375
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 375"

1. The unpaid Defendant is an employer who runs the manufacturing business of automobile parts with 13 full-time workers at a company, Co., Ltd., Ltd., Ltd., in Haan-gun, Chungcheongnam-gun.

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 occurs.

Nevertheless, the Defendant did not pay the total amount of KRW 79,613,440 of wages of 12 workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as shown in the list of crimes in the attached Table, including KRW 3,50,000 in December 2016, and KRW 1,40,00 in January 2017, which was performed by the Defendant for public service from August 4, 2016 to January 12, 2017.

2. An employer who has not paid pre-paid allowances shall, when he/she intends to dismiss a worker, do so at least 30 days prior to the dismissal, and if he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less

Nevertheless, on January 12, 2017, the Defendant had worked in the above workplace.

D. E did not pay 4,939,980 won (D 2,755,980 won, E 2,184,000 won) equivalent to the 30-day ordinary wage while dismissing E without prior notice.

3. An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

Nevertheless, the Defendant served as a quality manager from April 1, 2015 to January 23, 2017 at the same place of business, and did not pay KRW 6,94,503 of retirement allowances of retired workers as well as KRW 25,756,543, total amount of retirement allowances of four retired workers within 14 days from the date of retirement without agreement on extension of payment period between F and F, as described in the list of crimes in the attached Form.

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