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(영문) 수원지방법원 2018.12.18 2018고단2041
근로기준법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. "2018 Highest 2041" Defendant is a N representative in Ma in terms of harmony, who employs five full-time workers and engages in painting and other prohibited treatment business.

A. The Defendant did not pay KRW 1,374,750 of theO’s wage in August 2, 2017, which was worked at the said workplace from May 2, 2016 to September 5, 2017 at the said workplace, and did not pay KRW 4,795,750 in total for two retired workers within 14 days from the date of retirement without any agreement on the extension of payment deadline between the parties concerned, as shown in the list of crimes in attached Table 1.

B. The Defendant did not pay KRW 1,859,285 of theO’s retirement allowance at the same workplace from May 2, 2016 to September 5, 2017, and did not pay KRW 8,192,646 in total for three retirement allowances of three retired workers within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned, as described in the list of crimes in attached Table 1.

2. "2018 Highest 4,101" Defendant is a representative C in Matern C located B and is an employer who runs a manufacturing business with 20 full-time workers.

Defendant 2,362,971 won in total, including 6,191,757 won in total and 790,124 won in total and 23,231,755 won in total and 22,362,971 won in total and 22,362,971 won in each of the parties concerned in the crime list, as follows, did not make payment within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.

The Defendant, from May 24, 2013 to January 9, 2018, calculated wage retirement pay in arrears with the worker’s name, (i) Q of KRW 790,124 on July 20, 2012 to May 30, 2017, (ii) KRW 5,410,702 K of KRW 5,410,70 on May 30, 2017 to May 30, 2017; (iii) KRW 5,410,60,000 on May 30, 2017 to KRW 5,410,702 R of KRW 5,410,702 on June 9, 2010 to KRW 39,839,98 KRW 105,971,4335,431,427,237,2537, 2037, 2013.

The defendant at the above workplace on July 2016.

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