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(영문) 대구지방법원 2014.04.04 2012고단4539

근로기준법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

[2012 Highest 4539] The Defendant is an employer who ordinarily employs 20 full-time workers at a panel and the finishing work related to the construction of alglass plant located in the "Ageria (Skikada)" in the Daegu East-gu, Daegu-gu, where the Defendant actually operates a construction company under the name of "B company".

From November 28, 201 to January 14, 2012, the Defendant did not pay the total amount of KRW 72,823,177 as indicated in the attached Table of Crimes, including that the Defendant did not pay KRW 166,700, wage of KRW 5,521,290 on November 1, 201, wage of KRW 5,521,290 on December 201, wage of KRW 2,096,80 on January 2, 2012 without any agreement on extension of the due date, within 14 days from the time of retirement without any agreement on extension of the due date.

[2012 Highest 6886] The defendant is the representative of a company B in Daegu Dong-gu C.

From February 1, 2012 to May 8, 2012, the Defendant, while working in the above B Company, did not pay the total of KRW 1,200,000 in March 1, 2012 of E retired, and KRW 1,200,00 in April 1, 200, and KRW 2,509,670 in May 2, 201, within 14 days from the date of retirement without agreement on the extension of the period.

[2013Kadan3127] The Defendant is a person who operates a construction company with the trade name of “B company” in Daegu Dong-gu C with 20 full-time workers.

When a worker retires, the employer shall pay the wages and other money or valuables within fourteen days from the date when the cause for such payment occurred, unless there exists an agreement between the parties to the extension of payment period.

Nevertheless, the Defendant did not pay KRW 1,600,000 to workers F who worked from November 3, 201 to November 28, 2011 at the above workplace without an agreement extending the payment period, for the period of 14 days from the date of retirement.

Summary of Evidence

[2012 Highest 4539]

1. Trial records of the first time;