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(영문) 부산지방법원동부지원 2020.08.14 2020고단452
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in charge of business operation and user who employs two full-time workers as a person in charge of the construction business as a person in charge of the construction business, who is a Busan Shipping Daegu building and D's 28th floor C, and is a person in charge of the construction business.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from February 25, 2019 to March 2, 2019 at the site of Msan Factory Repair Works executed by the Defendant, and had not paid the total amount of KRW 3,290,000 for four retired workers within 14 days from the date of retirement without agreement between the parties to the extension of payment due date, as stated in the details of the money and valuables in the attached Form (1) including the amount of KRW 520,000 in February 2, 2019 and the amount of KRW 260,000 in February 2, 2019.

The Defendant is a business owner and an employer who actually runs the “D” located in the Busan Shipping Daegu building B, a person who employs two full-time workers and operates the construction business.

When a worker retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant is working from August 14, 2019 to August 16, 2019 at the old construction site executed by the above D.

In August 2019, F’s wage of KRW 600,000 was not paid within 14 days from the date of F’s retirement, and the total amount of KRW 4,200,000 for six retired workers was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. "20 Highest 452".

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