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(영문) 창원지방법원 2017.12.22 2016고단2597
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

[2016 Highest 2597] Defendant Co., Ltd., in the counter B of Changwon-si, is an actual manager of Co., Ltd. in the counter B of Changwon-si, who ordinarily engages in the business of manufacturing mobile phone parts by employing 13 workers.

The Defendant had worked as a production worker in the above workplace from August 20, 2012 to August 27, 2015, and had not paid the total amount of KRW 73,572,125, including KRW 1,566,348, July 2015 of retired workers D, as well as KRW 73,572,125, as in attached Table 1, as in attached Table 1, to the total eight employees, without any agreement on the extension of the payment period between the parties.

[2016 Highest 3449] Defendant Co., Ltd., in the counter B of Changwon-si, is an employer who engages in the business of manufacturing mobile phone parts by employing 13 full-time workers as actual managers of Co., Ltd. in the counter B of Changwon-si.

From December 1, 2013 to June 19, 2016, the Defendant did not pay 113,79,939 won in total for seven workers’ wages and retirement allowances, as well as 8,48,355 won in total, among retired workers E, when working at the said workplace from December 1, 2013 to June 19, 2016, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

[2017 Highest 167] Defendant Co., Ltd., in the counter B of Changwon-si, is an actual manager of Co., Ltd. in the counter B of Changwon-si, who ordinarily engages in the business of manufacturing mobile phone parts by employing 13 workers.

From August 16, 2013 to October 15, 2016, the Defendant did not pay 24,918,489 won in total, as well as 9,178,575 won in total, of wages and retirement allowances of employees F retired while working in the said workplace and retired from the said workplace, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties concerned, as shown in the attached Table 3 of Crimes List 3.

[2017 Highest 3564] Defendant Co., Ltd., in the counter B of Changwon-si, employs eight full-time workers, and engages in the business of manufacturing mobile phone parts.

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