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(영문) 창원지방법원 마산지원 2018.11.13 2018고단856
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

The defendant 2018 Highest 856 is the actual representative of D in Seongbuk-gu, Sungwon-si, Sungwon-si, who employs three full-time workers and operates steel structure painting business.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant served in the above D’s place of business from October 17, 201 to December 31, 2017 and did not pay KRW 10,000,000 of the retirement allowances retired from office within 14 days from the date of retirement without agreement on the extension of the payment period between the parties. The Defendant worked in the above workplace from October 15, 201 to December 31, 2017 and did not pay KRW 4,470,00 of the retirement allowances and KRW 11,856,050 of the retirement allowances and KRW 14 days from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Defendant 2018 is the representative director of H Co., Ltd. located in Gyeong-gun G in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, who ordinarily employs eight workers and operates steel structure production and painting business.

Although wages are paid at least once a month on a fixed date, the Defendant did not pay wages of H corporation 713,655 won in September 2017, wages of 3,112,917, wages of 2017, wages of 3,437,246 won in November 3, 2017, wages of 3,183,90 won in December 2017, total of 10,47,808 won in total, and wages of 868,15 won in September 2017, wages of 3,267,417 won in October 2017, and wages of 3,591,591,746 won in November 3, 2017, and wages of 3,438,408 won in total and last day of September 2017, respectively.

Summary of Evidence

2018 Highest 856

1. Statement by the defendant in court;

1. Each police statement protocol of F and E 2018 senior group 894;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the I;

1. The provision of the relevant Act concerning the facts of crime;

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