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(영문) 부산지방법원 2017.10.27 2017고단2962
근로기준법위반등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

5,000 won out of the litigation costs shall be borne by the defendant.

Reasons

Punishment of the crime

Of the workers who did not receive wages (hereinafter “3962”), G, H was subject to the agreement with the Defendant, G, and H were subject to the revocation of the public prosecution, and the decision to dismiss the public prosecution was already made during the public trial.

The Defendant is an employer who runs a new sales business using 20 full time workers under the trade name of “F” (hereinafter “F”) in Busan Northern-gu E.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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, on December 24, 2015, the Defendant did not pay the total of KRW 2,609,000 for three workers, including KRW 1,102,00,000, of KRW 522,000 of the retirement worker I’s wage of the retirement worker J around February 29, 2016, and KRW 985,00 of the retirement worker J’s wage of the retirement worker around December 31, 2015, within 14 days from the date of each retirement without agreement between the parties on the extension of the due date of payment.

[2] In February 2016, the Defendant entered into a contract for the same kind of new launch with M around February 2016 (hereinafter “instant contract for the same kind of business in which the Defendant had the right to use the trademark of this case”) under the name of L L, and the Defendant entered into a contract for the same kind of new launch with M to sell the new launch, and M to sell it, respectively, (hereinafter “instant contract for the same kind of business in this case”). In order to implement the instant contract for the same, around March 2016, the Defendant was “R” in the charges of new launch manufacturing company “P,” operated by P of the victim P of Busan Sho-guO and the first floor level of the instant contract for the same business in question, but it is apparent that it is a clerical error in the above criminal facts, and it does not seem to hinder the Defendant’s exercise of defense by recognizing it without any changes in the indictment.

(hereinafter referred to as " Qu") office.

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