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(영문) 부산지방법원 2016.09.22 2016고단2640
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

After the prosecution of this case, D submitted a withdrawal of complaint and a written agreement to the defendant to this court, and attached a copy of the party appointment letter that D submitted to investigation agencies in the withdrawal of the complaint and the written agreement (attached Table 1 to 21 shall delegate all the employees' rights to pay wages to D to D in a lump sum), and it is unclear whether the above party appointment letter delegates workers' power to withdraw the complaint.

Therefore, when investigating the sentencing of this court, the facts charged on the remaining workers except for the workers who clearly express their intention not to punish the defendant (as shown in the annexed list of crimes Nos. 1, 7, 10, 15, and 21 re-workers) (as indicated in the annexed list of crimes Nos. 2-6, 8, 9, 11-14, 16-20, 22) was expressed in such a way that the above D’s withdrawal of complaint and written agreement, and a copy of the letter of decision made by the father of the annexed list alone is obvious and reliable.

It is difficult to see that it is guilty.

The Defendant was a full-time user who runs a vessel processing business using 20 full-time workers under the trade name of “C” in Tong Young-si.

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 occurred.

Nevertheless, from July 16, 201 to February 23, 2012, the Defendant did not pay KRW 3,700,000 of wages E to retired workers who worked in the said workplace within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties, and did not pay KRW 2-6,8,9,9,11-14, 16-20, and 22 of the daily list of crimes in attached Form 2-6,958,380, total amount of wages of 17 retired workers within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

Summary of Evidence

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