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(영문) 대구지방법원 김천지원 2017.01.18 2016고단971

근로기준법위반

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant 2016 Highest 971 is the defendant C representative located in the Gu and America, who has been engaged in the manufacturing industry with six full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 2,454,627 on January 2, 2016 of retired workers D who worked from the said workplace from around December 22, 2015 to May 4, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, and did not pay the total amount of KRW 33,967,386 of the four workers’ wages as shown in the list of crimes in the attached Table, without any agreement on the extension of the payment deadline between the parties.

2. When an employer intends to dismiss a worker, he/she shall make the advance notice at least thirty days prior to the dismissal and, if he/she fails to make the advance notice thirty days prior to the dismissal, he/she shall pay the ordinary wages for thirty days or more;

Nevertheless, on May 4, 2016, the Defendant did not pay KRW 2,571,540 of the pre-determination allowances for dismissal without immediately dismissing employees D as well as KRW 6,423,808 of the pre-determination allowances for dismissal without immediately dismissing three workers, such as the written list of crimes in the attached Table.

The defendant of the "2016 Highest 1057" is a representative C in the city of the US, who has been engaged in the manufacturing business with six 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.

except in special circumstances.