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(영문) 창원지방법원 마산지원 2018.03.07 2017고단1027
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the detailed statement of the money and valuables in arrears for each individual (1).

Reasons

Punishment of the crime

The defendant is an employer who is the representative director of the company in charge of the business operation of automobile parts manufacturing business by employing nine full-time workers in the company in charge of the business operation of the company in charge of the company in charge of the dispute settlement agreement.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant had worked in the above workplace from December 10, 2014 to July 27, 2017, and had not paid KRW 772,350 of D’s wages on July 2017 to retired from the said workplace within 14 days from the date of retirement, and had not paid the money and valuables in arrears by each individual in attached Form 1 to 9, and 11 without an agreement between the parties on the extension of the due date of payment between 10 workers and 14 days from the date of retirement.

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

Nevertheless, the Defendant did not pay KRW 2,573,164 of D retirement pay to his retired employee from the above workplace from around December 10, 2014 to July 27, 2017 within 14 days from the date of retirement, which is the date of occurrence of the grounds for payment, without agreement on the extension of the payment period between the parties, and did not pay the amount of KRW 2,573,164 of D retirement pay within 14 days from the date of retirement, which is the date of occurrence of the grounds for payment, as set forth in the [Attachment] Nos. 1 through 6 of the statement of money and valuables in arrears by each individual.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the result of labor supervision;

1. Application of the laws and regulations on the details of unpaid wages, the statement of retirement allowances, and the payment of annual allowances.

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