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(영문) 인천지방법원 2018.10.08 2017고단7196
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 7196" is an employer who lives in the Nam-gu Incheon Metropolitan City apartment B apartment house C and employs 20 full-time workers without any place of business or trade name and has been engaged in construction business.

1. The Defendant, from May 16, 2016 to August 31, 2016, did not pay KRW 2,535,000 of the E’s wages retired while working at the new construction site of Seopo-si in Seopo-si in Jeju-do within 14 days from the date of retirement without agreement on the extension of the payment deadline.

2. The Defendant, from October 26, 2016 to October 29, 2016, did not pay KRW 600,000 of the G’s wage retired from his/her service at the said site from November 21, 2016 to January 4, 2017, in total, KRW 2,515,00,000 of H’s wage retired from his/her service at the said site, without an agreement on the extension of the payment deadline, within 14 days from the date of retirement.

3. The Defendant, from November 1, 2016 to November 6, 2016, did not pay the amount of KRW 1,380,000 of the J’s wages to retired from the job site at the Seopo-si in Seopo-si in Jeju-do within 14 days from the date of retirement, without agreement on the extension of the payment deadline.

The defendant of "2017 Highest 8645" is an employer who lives in the Nam-gu Incheon Metropolitan City apartment B apartment house C and employs 20 full-time workers without any place of business or trade name and has been engaged in construction business.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from June 1, 2016 to September 22, 2016, did not pay KRW 1,700,000 and KRW 1,300,000 from the date of retirement within 14 days from the date of retirement, without agreement between the parties on the extension of the payment deadline.

The defendant of "2017 Highest 9367" is a full-time worker who runs a construction business with ten full-time workers.

An employer shall have workers;

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