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(영문) 수원지방법원 성남지원 2017.06.14 2016고단1888
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, violation of the Labor Standards Act for D and E.

Reasons

Punishment of the crime

The defendant is the representative director of H Co., Ltd. who has its head office in Ansan-gu G and has mainly been engaged in construction business.

"2016 Highest 1888"

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

Nevertheless, Defendant 1 is working as the deputy head of the Corporation at the work site of J located in the window I of Changwon-si, Changwon-si, 2015 to December 31, 2015, and he retired from K as the vice head of the Corporation. The amount of wages of KRW 4 million on December 1, 2015, as well as Table 1 of Attached Crime List 1: Provided, That the sequences 1 among the records of Attached Crimes List 1.

5. The public prosecution against the worker P was withdrawn and thus dismissed.

of the total amount of 40,554,170 won of wages and retirement allowances for the total six employees, as described in the statement, shall not be paid without agreement between the parties on the extension of the due date for payment;

2. When an employer intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and when he/she fails to do so 30 days prior to the dismissal, he/she shall pay not less than 30 days ordinary wages.

Nevertheless, the Defendant did not pay 4 million won, 3,34,000 won in advance of dismissal, while he dismissed his employees K and L on December 31, 2015.

An employer of "2016 Highest 2728" shall, when a worker dies or retires, pay the wages and retirement allowances within 14 days after the ground for such payment occurred: Provided, That the date may be extended by an agreement between the parties concerned in extenuating circumstances.

Nevertheless, the Defendant did not agree on the extension of the fixed date, including the amount of KRW 1.5 million wage of KRW 1.5 million on December 22, 2015, and the amount of KRW 3 million on January 2016, 2016.

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