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(영문) 광주지방법원 목포지원 2017.01.17 2016고단756
근로기준법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant of "2016 Highest 756" is an employer who runs the manufacturing business of a ship using 80 full-time workers, who are in the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea.

1. An employer who violates the Labor Standards Act due to non-payment of wages shall, where the worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the due date of payment;

Nevertheless, the Defendant, on January 16, 2016, did not pay KRW 24,113,546, respectively, within 14 days from the date of retirement, as shown in [Attachment 1] Nos. 3 through 5, 9, 10, 23, 24, 27, and 29, such as the case of [Attachment 1] List of Criminal Crimes, 1,630,644, which retired from the said workplace, around December 16, 2015.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless the parties have agreed to extend the due date for payment.

Nevertheless, the Defendant worked in the above workplace from July 9, 2014 to January 16, 2016, and did not pay KRW 1,041,839 of K's retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

"2016 Highest 1022"

3. The Defendant who violated the Labor Standards Act following the delayed payment of wages as an immediate contractor is an employer who ordinarily engages in the manufacturing of a ship by using 25 workers on a regular basis, as the former Young-gun L, 306 (State) I representative, and I representative in H in the former Southern-gun;

Where a project is implemented based on several tiers of contracts, if a sewage supplier fails to pay wages to workers due to a cause attributable to a direct supplier, the immediate upper-tier supplier shall be jointly and severally liable with the sewage supplier.

The defendant subcontract MM to N under a contract with the captain.

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