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(영문) 대구지방법원 2020.10.28 2020고단125

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant, as the representative of P trial-oriented one factory in Gyeonggi City, is an employer who runs a manufacturing business using 22 full-time workers, who is a representative of P trial-oriented one factory in Gyeonggi City.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

The defendant works in the above workplace from November 3, 2017 to August 16, 2019.

Wages of Q’s 3,875,000 won on May 2019, and wages of KRW 4,400,000 on June 2019, and wage of KRW 4,400,000 on July 7, 2019, and wage of KRW 14,835,00 on August 2, 2019, did not pay KRW 14,835,00 on the date of retirement within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

The defendant works in the above workplace from November 3, 2017 to August 16, 2019.

The retirement allowance of Q Q was not paid KRW 7,557,802 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The Defendant is the representative of P in Daegu Northern-gu T, which is a user who runs a construction business using ten full-time workers.

The Defendant, from May 29, 2019 to August 17, 2019, together with the Defendant’s wage of 5,675,000 won in June 2019, who worked at the construction site in R in Yangju-si.

2. As indicated in the No. 1 or No. 4, 40,772,50 won in total for four employees was not paid within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the agreement on the extension of the due date.

The Defendant, as the representative director of the (ju) PP in Daegu Northern-gu T, is an employer who runs the construction business of facilities using 40 full-time workers.

An employer;