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(영문) 부산지방법원 2016.11.17 2016고단4044
근로기준법위반등
Text

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 4044" is the employer who runs the transportation business with 12 full-time workers as the representative of D Co., Ltd. located in Busan Dong-gu C.

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

Nevertheless, the Defendant is working at the above workplace from March 1, 208 to May 11, 2014, and from January 1, 2015 to March 5, 2016.

The employee E’s wages of KRW 11,319,354 and retirement allowance of KRW 10,971,911 and KRW 2,038,988 were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, as stated in the detailed statement of the money and valuables in arrears attached hereto, and paid KRW 78,749,102 within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

The Defendant is an employer who runs a transportation business with seven full-time workers under the trade name of “D” in Busan Dong-gu C.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all 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 did not pay the total of 56,367,220 won of wages and retirement allowances of F workers who retired while working in the said workplace from October 1, 2003 to May 31, 2016 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to E, G and H;

1. A written statement;

1. Two copies of a statement of transactions in each passbook and a statement of calculation of retirement allowances;

1. Three copies of employment contract, wage ledger, and work book;

1. Application of the Acts and subordinate statutes concerning output of employment insurance data;

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