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(영문) 수원지방법원 2017.11.16 2016고단8308
근로기준법위반등
Text

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

Reasons

Punishment of the crime

On January 14, 2016, the Defendant was sentenced to two months of imprisonment for a crime of fraud and a crime of violation of defense justice at the Incheon District Court on February 24, 2016.

The defendant is the representative director of D (former trade name: E) Co., Ltd., which is located in C at the time of harmony, and is the employer who runs the business of manufacturing motor vehicle parts using seven full-time workers.

1. When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so prior to thirty days, he/she shall pay not less than thirty days ordinary wages;

However, on October 28, 2016, the Defendant dismissed 3,578,498 won, G, 1,912,076 won, 2,153,536 won, and 1,272,810 won, 2,200,000 won, and 2,20,000 won, to J as an advance notice of dismissal, when the Defendant dismissed 3,578,498 won, G, 1,912,00 won, 1,912,076 won, 2,00 won, and 1,272,810 won.

2. 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;

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

However, the Defendant did not pay 27,923,790 won in total for five workers within 14 days from the date of each retirement, as stated in the list of crimes in the attached Table, including KRW 9,417,10,00 in total, including KRW 4,708,50 in September 2016, and KRW 4,708,550 in October 4, 2016, and KRW 27,923,790 in total, as indicated in the list of crimes in the list of crimes in the attached Table, when he/she retired from office by serving from office from May 16, 2016 to October 31, 2016.

3. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

However, the defendant is working from October 1, 2014 to October 31, 2016 and retires from the military service.

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