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(영문) 창원지방법원 밀양지원 2019.05.30 2018고단411
근로기준법위반
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, “2018 Highly April 11, 201,” as the representative director of the (ju)F in the Gun E, who is a full-time employee, is an employer who runs a construction business or manufacturing business by employing three workers.

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

Nevertheless, the Defendant did not pay KRW 5,853,88, the sum of wages of G workers who worked in a business position from January 2, 2017 to June 30, 2017, and KRW 18,000,000 in total from June 1, 2017 to September 30, 2017, and KRW 10,939,046 in total from the date of retirement to February 3, 2018, to workers H who worked in a business position from June 1, 2017 to September 30, 2017; and KRW 18,000,000 in total from November 1, 2017 to February 3, 2017 to February 3, 2018.

The defendant of "2018 Highest 537" is a representative director of the (ju)F in Gyeongnam-Gun E, who employs three full-time workers and operates a construction business or manufacturing business.

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

Nevertheless, the Defendant did not pay 50,280,000 won of the total wages of 28,80,000 won for April through November 11, 2017, and 2018 to June 30, 2018, for employees who worked for business from January 2, 2018 to June 30, 2018, respectively, due to the Defendant’s failure to pay 21,480,000 won for the total wages of 21,480,00 won for 2 workers from January to June 30, 2018.

Summary of Evidence

"2018 Highest 411"

1. 4 times;

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