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(영문) 의정부지방법원 2015.10.06 2013고단2917
근로기준법위반등
Text

Defendant

A Imprisonment with prison labor for one year, one year and six months, and one year and two months, and defendant C with prison labor for defendant D.

Reasons

Punishment of the crime

[2013 Madan2917] Defendant A is a representative director in the corporate register of AY located in Macheon City AY, and is an employer who jointly runs the manufacturing business by using 282 full-time workers together with C, who is a private principal and president of the above company.

1. The Defendant in violation of the Labor Standards Act was in the foregoing workplace from September 1, 2012 to November 14, 2012, and did not pay 2,893,30 won monthly wage of October 15, 2012, and 4,66,66,60 won, including 1,742,735 won in total, and 20,595,960 won in total, of annual paid leave allowances of nine workers, within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties to the payment, as described in attached Table 1 (excluding workers G, H, and I).

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act was serving in the said workplace from October 20, 209 to September 20, 2012, and did not pay 118,819,910 won, including 3,179,880 won of retirement allowances of BA retired on September 21, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on extension of payment.

[2013 Highest 4182] Defendant A is a representative director of AY’s corporate register in Macheon City, and is an employer who jointly runs the manufacturing business with B, the president of the above company, and C, the president of the above company. From December 8, 2008 to July 30, 2013, Defendant A did not pay KRW 121,86,582 in total of eight wages and retirement allowances of eight workers within 14 days from the date of retirement without agreement between the parties on the extension of the due date for each payment.

[2014 Highest 1263] Defendant A shall be the representative director of AY’s corporate register, and Defendant B shall be the representative director of AY’s corporate register in Macheon City.

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