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(영문) 전주지방법원 정읍지원 2016.01.12 2015고단513
근로기준법위반등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the C representative director of the corporation located in the Northwest-gun B, who ordinarily employs 40 workers and operates the meat processing business.

1. An employer who has violated the date of regular payment shall pay wages at least once a month on a fixed date;

However, the Defendant, from April 2, 2012 to the present date, did not pay KRW 322,537,658 in total, as well as KRW 2,842,850, Nov. 1, 2014, to employees D, who were employed from around April 2, 2014, on the 10th day of each month, which is the date of the regular payment of wages, as well as KRW 32,537,658 in total.

2. If a worker dies or retires, the employer in arrears of wages shall pay him/her wages, compensations, and all other money and valuables within 14 days from the time the cause for such payment occurred;

However, the Defendant did not pay the total amount of KRW 73,152,817 of wages of 15 workers within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as well as KRW 843,670 on December 2, 2014 of E, who retired from office by serving in the said workplace from around October 4, 2012 to March 31, 2015, as well as KRW 843,670 on December 31, 2014 of E, who retired from office.

3. Where a worker retires, the employer who has not paid a retirement allowance shall pay the retirement allowance within 14 days after the ground for such payment occurred.

In doing so, the Defendant did not pay 5,508,694 won, including the retirement pay of 5,503,808 won, retired from the said workplace from October 4, 2012 to March 31, 2015, in total, 54,508,694 won from the date of retirement without an agreement on the extension of the payment deadline between the parties, as stated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against F, G, H, D, I, J, K, L, or M;

1. Each petition of F, G, I, J, D, K, L, E, M, N, andO

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