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(영문) 대구지방법원 2014.03.27 2013고단5769

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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, as the representative of C in Daegu Dong-gu, 2003, operated eight full-time workers from around March 2012 to around March 2012, the Defendant is an employer who employs four full-time workers from around March 2012 to around January 2013 and operates construction business.

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

The Defendant served as the site manager from April 1, 2003 to January 30, 2013 at the same place of business, and did not pay KRW 43,387,285 as the sum of KRW 3,560,000 on November 1, 2012, wages of KRW 3,560,00 on December 201, 2012, wages of KRW 3,560,00 on January 3, 2013, wages of KRW 3,445,161 on January 1, 2013, and retirement allowances of KRW 32,82,124 on January 32, 2013, within 14 days from the date of retirement without agreement for extension

The defendant of "2014 Highest 1265" is the representative of C in Daegu Dong-gu B, Daegu-gu, who has employed eight full-time workers and engaged in construction business.

The Defendant, at the same place of business, served as accounting from May 1, 2003 to January 31, 2013, and retired from office, did not pay KRW 1,534,00 on November 1, 2012, wages of KRW 1,534,00 on December 201, 2012, wages of KRW 1,534,00 on January 1, 2013, wages of KRW 1,484,516 on January 1, 2013, and retirement allowances of KRW 14,019,584 on January 1, 201, within 14 days from the date of retirement without agreement between the parties to the payment deadline extension.

Summary of Evidence

"2013 Highest 5769"

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A complaint and a petition;

1. Copy of corporate register;

1. Details of the calculation of retirement allowances and the details of personal arrears with respect to the money and other valuables “201-Ma1265”;

1. Defendant's legal statement;

1. Each police statement of E;

1. A complaint;

1. Application of the calculation details of retirement allowances and the details of overdue payments for individuals to the Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act.