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(영문) 의정부지방법원 고양지원 2018.05.25 2017고단3466
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant fraud (No. 2018 Highest 331), the list of crimes in attached Form 3.

Reasons

Punishment of the crime

The Defendant, “2017 Highest 3466,” is an employer who ordinarily employs nine full-time workers from around 2001 to May 201, 201 as the representative of D Co., Ltd. in Jung-gu Seoul, Jung-gu, Seoul, and has operated the principal school business.

1. Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total of 62,262,530 won of wages of 12 workers as shown in the list of crimes in the attached Table, including the fact that he/she did not pay a total of 3 million won on May 5, 2017 of E- workers who worked as daily instructors from around November 5, 2016 to May 19, 2017, and a total of 4 million won on June 1, 2017, as shown in the list of crimes in the attached Table (1).

2. An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 4,038,010 as retirement allowances of F workers retired from the said workplace from around October 15, 2015 to May 19, 2017, and did not pay KRW 127,88,097 in total for seven employees as shown in the attached crime list (1) as shown in the attached crime list (1).

The Defendant is the representative director of “D” (hereinafter referred to as “this case’s driving school”) who is a grriri educational institute located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul.

The defendant is mainly responsible for tuition fees to be paid by students who have registered in this case.

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