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(영문) 창원지방법원 2020.11.30 2020고단1635
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant of the 2020 Man-Ma1635 is a person who operates the “C” in the Kimhae-si B, and is an employer who runs the business of manufacturing vessel parts by using 19 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant provided labor from February 19, 2020 to February 29, 2020 to retired workers D’s wages of 2,385,000 won on February 2, 2020, and the Defendant did not pay 97,967,500 won in total, including 22 workers as shown in attached Table 1, as shown in attached Table 1, within 14 days from the date of each retirement without an agreement on extension of the due date between the parties concerned.

The defendant of the 2020 Highest 1890 is a person who operates C in Kimhae-si B, and is a full-time worker of the automobile parts manufacturing business using 19 full-time workers.

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.

Nevertheless, the Defendant offered labor from July 2, 2019 to October 29, 2019 to retired workers E’s wages of 1.5 million won on October 2019, without an agreement between the parties on the extension of the payment date, and did not pay within 14 days from the date of retirement.

The defendant of "200 Highest 2083" is a person operating C in Ulsan-gun F, a full-time worker of 17 workers who are engaged in the vessel processing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant provided labor from October 24, 2019 to March 31, 2020 to the said workplace, including the amount of wages of KRW 2,300,000 for retired workers on January 1, 2020.

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