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(영문) 창원지방법원 마산지원 2016.12.20 2016고단553
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is an employer as a representative director of the Haak-gun B, who employs 15 full-time workers and operates the business of manufacturing vessel components.

"2016 Highest 553"

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working as a contact with the above workplace from December 15, 2015 to December 21, 2015.

As stated in attached Form 1, 2, 5, and 7, the total amount of 27,497,970 won, including the wages of 1,330,000 won for December 2015 of retired workers D, including the wages of 1,330,00 won for each worker in arrears, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, at the above workplace, is serving as a worker in mountain from June 1, 2014 to March 10, 2016.

The retirement allowance of retired E, including 4,484,770 won, did not pay 15,122,530 won, including 5,770 won, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment.

When a worker dies or retires, an employer of the 2016 Height682 shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working as a production manager from July 1, 2015 to February 5, 2016 at the above workplace.

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