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(영문) 창원지방법원 마산지원 2016.10.26 2016고단135
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to a suspended sentence of one year of imprisonment for breach of trust at the Changwon District Court, which became final and conclusive on August 19, 2016.

[2016 Highest 135] The Defendant is an employer who is a representative director of D Co., Ltd., Ltd., located in Hanam-gun C, who ordinarily employs 11 workers and operates a shipbuilding machinery manufacturing business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, at the same place of business, worked as a production worker from June 1, 2015 to August 27, 2015 and retired workers E, did not pay the total amount of KRW 13,161,933 of wages of E and F, an employee of the said place of business, as indicated in attached Tables 1 and 4, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date for payment.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

Nevertheless, as indicated in attached Table 4, the Defendant, as indicated in attached Table 1, did not pay KRW 3,193,279 of the F's retirement pay to retired workers who worked in production from November 1, 2013 to October 31, 2015 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, without an agreement between the parties on extension of the due date.

[2016 Highest 190] The Defendant is an employer who is a representative director of D Co., Ltd., Ltd., located in Hanam-gun C, who ordinarily employs 11 workers and operates a shipbuilding machinery manufacturing business.

When a worker dies or retires, the employer shall do so within fourteen days after the cause for such payment occurred.

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