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(영문) 창원지방법원 밀양지원 2017.10.12 2017고단310
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 of "2017 Highest 310" is a user who runs the chemical fiber manufacturing business using ten full-time workers, who was the representative director of (ju) G G in Gyeong-gun, public or private.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, and other money or valuables, unless there exists an agreement between the parties on the extension of the payment deadline, within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 24,691,966 of the wages of four employees, such as (1) No. 1,3,4,99, and nine (9) per annum, in addition to the payment of KRW 2,206,726 of the JJ’s wages in December 2016, where the Defendant had worked in production from July 28, 2016 to December 31, 2016 at the said workplace.

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 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment period;

Nevertheless, the Defendant did not pay KRW 2,135,466 of K’s retirement pay from October 27, 2014 to December 31, 2016 at the said workplace, and did not pay KRW 4,687,091 in total, as shown in the attached Table Nos. 2 and 5.

The defendant of "2017 Highest 372" is a user who runs the chemical fiber manufacturing business using 10 full-time workers, who was the representative director of (ju) G G in Gyeong-Gun F.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, and other money or valuables, unless there exists an agreement between the parties on the extension of the payment deadline, within 14 days after the cause for such payment occurred;

Nevertheless, the defendant is a production manager from September 1, 2012 to August 31, 2016 at the above workplace.

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