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(영문) 창원지방법원 마산지원 2016.08.31 2016고단131
근로기준법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2016 Highest 131] The Defendant is the representative director of D, a corporation located in Gyeong-gun C, Gyeong-gun, Chungcheongnam-gun, who runs the manufacturing business of steel structures by employing 12 full-time workers.

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.

However, the Defendant did not pay 27,652,50 won, including 3.3 million won in December 2015 of his retired employee E, as well as 27,652,500 won in total, within 14 days from the date of his/her retirement, which is the date of the occurrence of the relevant payment cause, without agreement between the parties on the extension of the payment period between the parties, as well as the 3.3 million won in December 2015 of his/her retired employee E, as well as the 3.3 million won in arrears.

[2016 Highest 259] The Defendant is the representative director of D, a corporation located in Gyeong-gun C, Gyeong-gun, Chungcheongnam-gun, who runs the manufacturing business of steel structures by employing 12 full-time workers.

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.

However, the Defendant did not pay the total of 54,728,00 won of wages of 11 employees as well as 1,630,000 won for each individual in arrears, as shown in the attached Table, as well as the total of 11 employees in arrears, within 14 days from the date of his/her retirement, which is the date of the occurrence of the cause of his/her payment, without any agreement on the extension of the payment period between the parties concerned, as well as the total of 54,728,00 won of wages of 11 employees in arrears.

[2016 Highest 409] The Defendant is the representative director of D, a corporation located in Gyeong-gun C, Gyeong-gun, Chungcheongnam-gun, who runs the manufacturing business of steel structures by employing 12 full-time workers.

When a worker dies or retires, the employer shall commence the time when the cause for such payment occurred.

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