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(영문) 제주지방법원 2019.07.11 2018고단652
근로기준법위반
Text

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2018 Highest 652" is an employer who runs a construction business by employing four full-time workers as a manager of C and D corporation located in Jeju-si.

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

Nevertheless, the defendant is working from April 29, 2017 to July 31, 2017 at the above workplace.

Wages E of retired workers were not paid KRW 5,880,000 within 14 days from the date of retirement, and were not paid KRW 27,634,800 in total for three workers, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, without agreement between the parties on the extension of the date of payment.

The Defendant is an employer who engages in construction business by using seven full-time workers as the actual operator of “C”, who is an individual business operator located in B of Jeju-si, B of Jeju-si.

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

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

Nevertheless, the defendant belongs to the above workplace and works from November 1, 2016 to August 31, 2017.

The total amount of wages of retired workers F is 21,00,000,000 won, from November 10, 2016 to September 15, 2017.

A retired employee G is working for the total amount of KRW 6,416,600, and from December 7, 2016 to September 15, 2017.

A total of KRW 43,49,900, including the total of KRW 16,083,300,000 of the wages of retired workers, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the period.

Summary of Evidence

"2018 Highest 652"

1. Defendant's legal statement;

1. Each police statement of E, I, and J on January 1, 201.

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