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(영문) 인천지방법원 2014.10.06 2014고단2419
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The defendant is a representative of the C Company in Bupyeong-gu Incheon Metropolitan City, who is a full-time worker and runs a salary-making business using 25 full-time workers.

"2014 Highest 2419"

1. The Defendant, at the foregoing place of business, worked from July 20, 2013 to November 20, 2013, and retired from the said place of business, did not pay the total of KRW 24,972,040 to 24,972,040 as stated in the attached crime list, as stated in the attached crime list, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

2. The Defendant, while working in the foregoing workplace from January 2, 2012 to December 2, 2013, did not pay KRW 23,286,249 in total for nine employees, as stated in the separate crime list, as well as KRW 2,683,229, who retired from office, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

The Defendant, “2014 Highest 2776” from February 25, 201 to December 2, 2013, the Defendant did not pay the sum of F’s wages of KRW 2,450,00 and retirement allowances of KRW 6,306,90,90 as well as KRW 8,783,356,356, and retirement allowances of KRW 19,158,064, and KRW 27,941,420, respectively, within 14 days from the date of occurrence of the cause for payment without agreement between the parties to each payment, as shown in the list of crimes in the attached Form.

When a worker retires, an employer of the 2014 Highest 4724 shall pay wages and all other money or valuables within 14 days from the time when the cause for such payment occurred, unless the parties have agreed to extend the due date for the payment.

Nevertheless, the Defendant served from November 16, 201 to December 5, 2013 at the same workplace and retired from the workplace, as indicated in the separate crime list, including KRW 1,330,000, the total wage of KRW 4,891,00, and the total wage of KRW 3 workers from February 25, 201 to December 2, 2013, as indicated in the previous crime list.

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