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(영문) 전주지방법원 2019.05.23 2018고단1063
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 8, 2018, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution on March 16, 2018 by the Jeonju District Court for violating the Labor Standards Act.

The defendant is the representative of a limited liability company C in Geumcheon-gu Seoul Metropolitan City, who has operated a communications business using six regular workers, and the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred when the worker retires.

The Defendant did not pay KRW 4,458,840 of the wages of three workers, as indicated in the attached list of crimes, when he/she worked in the workplace from January 10, 2016 to November 30, 2017, and did not pay KRW 13,312,650 of the total wages of three workers within 14 days from the time when the cause for the payment occurred without an agreement on the extension of the due date between the parties concerned.

On March 8, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act, etc. at the Jeonju District Court on March 8, 2018, and the said judgment was finalized on March 16, 2018.

The defendant is the representative of a limited liability company C in Geumcheon-gu Seoul Metropolitan City, who has run a communications business using eight regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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.

From June 18, 2017 to January 31, 2018, the Defendant is working in the same workplace.

On October 2017, E-retirement paid KRW 10,478,100, which is part of wages, KRW 3,100,000 on November 2017, and KRW 3,100,00 on December 2017, and KRW 10,478,100 on January 3, 2018, without agreement on extension of the due date between the parties.

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