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(영문) 수원지방법원 성남지원 2018.05.03 2017고단862
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant of "2017 Highest 862" is a user who operates a construction company with the trade name of the Guro-gu Seoul Metropolitan Government AH and the second floor of AI Co., Ltd. (Gu AJ).

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 did not pay the total of 35,309,620 won of the wages of 10 workers who worked in the said stock company as shown in the attached Table 1 column for the crime committed in the attached Table 1, as well as 35,309,620 won, who worked in the said stock company from September 18, 2016 to November 20, 2016, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

The defendant of "2017 Highest 1679" is the representative of AI in Guro-gu Seoul Metropolitan Government, who runs a construction business with 14 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, and the period of payment may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, from April 1, 2016 to August 14, 2016, the Defendant did not pay KRW 3,250,000,000, total of wages of 1,250,000 for six workers, as shown in the attached Table 3 of the Crimes List 3, including the fact that the Defendant did not agree on the extension of the payment deadline between the parties, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

"2017 Highest 862"

1. Statement of the defendant in the first trial record;

1. Statement made by the special judicial police officer to AO or AF;

1. AP, A Q and R written statements;

1. H, L,O,.

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