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Reasons
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(영문) 부산지방법원 2017.06.23 2016고단5633
근로기준법위반등
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A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is the employer who operates a service business by utilizing 20 full time workers under the trade name of "Co., Ltd. C" in Busan Dong-gu B and 9, and the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days from the time when the reason for payment occurred when the worker dies or retires.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

[Attachment 1] From March 3, 2015 to April 18, 2016, the Defendant, [Attachment 1] [Attachment 1], the Defendant, while working in the said workplace from March 3, 2015 to April 18, 2016, did not pay KRW 15,798,152, totaling KRW 12,813,962 and retirement allowances of retired workers D, and KRW 2,984,190, totaling KRW 15,798,152, as the date of payment between the parties concerned, within 14 days from the date of retirement.

[2] On December 28, 2015, the Defendant did not pay KRW 3,978,000 of the wages of E retired workers at the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period between the parties.

[Attachment 2016 Highest 7857, hereinafter “7857”) Defendant did not pay KRW 33,270,239,239, in total, of the wages and retirement allowances of employees F, who were employed in the said workplace from January 12, 2015 to August 15, 2016, within 14 days from the date of each retirement without agreement between the parties on the extension of the due date for payment.

Summary of Evidence

[563]

1. Statement of the defendant in the first trial record;

1. Written statements prepared in D;

1. A petition, an unpaid statement, an average wage, and an estimated statement of retirement allowance, a statement of wages, and a certificate to be registered in whole (7051);

1. Statement of the defendant in the second public trial records;

1. Statement protocol with respect to E;

1. Copy of the passbook, overdue payment of wages, and

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