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(영문) 수원지방법원 2013.09.30 2012고단6440
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

The defendant is the representative of the AJ Co., Ltd. in AI in Gyeonggi-do and employs 40 full-time workers who run the manufacturing business of motor vehicle parts, and the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred when the worker retires.

The Defendant, “2012 Highest 6440” from May 20, 208 to July 30, 2012, the Defendant did not pay KRW 10,048,370 and retirement pay KRW 2,267,350 of the retired worker AK’s wages and retirement pay within 14 days from the time when the cause for payment occurred without an agreement extending the due date for payment between the parties concerned, as described in attached Table 1-1 to 7, 9, 10, 12, 13, 15 through 21, 23, and 25 of the total amount of wages and retirement pay of 21,797,230 won from the time when the cause for payment occurred without an agreement extending the due date for payment between the parties concerned.

The Defendant is working at the AJ Co., Ltd. in AI around July 18, 2012 and from May 16, 2012 to July 4, 2012.

The retirement AL’s total wage of KRW 1,886,950, including wage of KRW 1,723,220 on June 2012, did not pay KRW 1,886,950 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as described in the [Attachment 2] No. 1,2, and 4 of the [Attachment 2], without any agreement on the extension of the due date between the parties, 9,744,140 for three workers within 14 days from the date of retirement.

"2013 Highest 293" means that the Defendant did not pay 2,216,60 won of the retired worker AM to October 23, 2012 without an agreement on the extension of the due date for payment between the parties concerned, and did not pay 14 days after the ground for payment occurred.

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