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(영문) 부산지방법원 2017.06.14 2016고단6982
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Majority Relationship] On October 28, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in Busan District Court on the Aggravated Punishment, etc. of Specific Economic Crimes, and is currently in the final appeal trial.

[Criminal facts] 2016 Highest 6982

1. The Defendant is the employer who engages in the manufacturing industry with 30 full time workers as the representative of “D” in the wife population C at the time of Gyeonggi-do.

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

Nevertheless, the Defendant, from January 7, 2013 to February 29, 2016, did not pay KRW 5,717,774, total amount of wages and retirement allowances of employees E who retired from the said workplace, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as well as KRW 53,885,150, total amount of wages and retirement allowances of five retired workers, as shown in the attached list of crimes (1) in the attached list of crimes.

"2016 Highest 8076"

2. The Defendant is the employer who engages in the manufacturing industry with four full time workers as the representative of G Co., Ltd. located in the Geum-gu Busan Metropolitan Government F. 208.

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

Nevertheless, from November 1, 2010 to April 30, 2016, the Defendant did not pay KRW 80,357,574 in total, including H’s wage, annual settled refund, retirement pay, etc., within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline, as well as money and valuables in arrears in attached Form (2).

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