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(영문) 수원지방법원 2012.12.27 2012고단4415
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal facts

[2012 Highest 4415] The Defendant is an employer who has operated D Co., Ltd. as a construction business chain by employing seven full-time workers in Suwon-si, Suwon-si C.

When a worker retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the due date for the payment.

Nevertheless, the Defendant, while working in the company from May 1, 201 to October 13, 201, did not pay KRW 1,560,000 to retired workers E, within 14 days from the date of occurrence of the cause for payment without the agreement on extension of the due date for payment between the parties concerned, and did not pay KRW 40,420,000 for the total wages of seven workers within 14 days from the date of occurrence of the cause for payment without any agreement on extension of the due date for payment between the parties concerned.

[2012 Highest 5459] The Defendant is an employer who employs 20 full-time workers at the site of installation work for F sewage treatment facilities in Ansan-si and operates an civil engineering work body.

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

Nevertheless, the Defendant did not pay 1,040,00 won of G workers G who were employed in the said workplace from February 20, 2012 to April 5, 2012, within 14 days from the time when the cause for the payment occurred without an agreement on the extension of the due date between the parties concerned (except the part related to workers B No. 23, which constitutes dismissal of public prosecution as seen below) as shown in the attached list of crimes (except the part related to the dismissal of public prosecution as follows), as shown in the attached list of crimes (except the part related to workers B).

Summary of Evidence

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