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(영문) 창원지방법원 밀양지원 2019.07.18 2019고단55 (1)
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant is a real manager of C Co., Ltd. located in Gyeongnam-si, who ordinarily employs more than ten workers and engages in construction business.

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, except where the payment is extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant is working from January 15, 2018 to February 22, 2018 at the construction site of Da apartment reinforced concrete concrete building in Gyeongnam-gun.

As stated in the detailed statement of individual delinquent money and valuables (2) in attached Form E, 19,825,000 won, including wages of 1,425,00 won on January 201, 2018, retired workers E did not pay 19,825,000 won for total wages of 16 workers within 14 days from the date of retirement, which is the date of occurrence of the cause for payment,

2. The Defendant is a real manager of C Co., Ltd. located in Gyeongnam-si, who ordinarily employs more than ten workers and engages in construction business.

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, except where the payment is extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant is working from April 1, 2018 to September 10, 2018 at the construction site of D apartment steel reinforced concrete located in Domnam-gun.

As stated in the attached Form 1, 3, 4, and 5, the total amount of 28,070,000 won for each employee in arrears, including wage 2,00,000 won on April 2, 2018, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F.

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