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(영문) 대구지방법원서부지원 2020.11.10 2019고정886

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a business operator of C Co., Ltd. in Daegu-gu, who was operating a metal processing business with six full-time workers.

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

The defendant shall work in the above workplace from January 1, 2016 to May 31, 2019.

A retired worker D’s unused leave allowance of KRW 1,263,00 for the year 2017, KRW 1,263,00 for the year 2018, and KRW 1,347,200 for the year 2019, and KRW 910,256 for the retirement allowance of KRW 1,347,20 for the year 201, without agreement on the extension of the payment deadline, was not paid within 14 days from the date of the retirement.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police statement law to D;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 16270, Jan. 15, 201);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. A fine not exceeding 300,000 won to be suspended;

5. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

6. Article 59 (1) of the Criminal Act of the Suspension of Sentence (see, e.g., Supreme Court Decision 201Da1548, Jun. 2, 201)