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(영문) 대구지방법원 2017.08.11 2017고단3375

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant was sentenced to eight months of imprisonment and two years of suspended execution to interfere with the exercise of rights by the Daegu District Court, and the said judgment became final and conclusive on November 11, 2016.

The Defendant is a business owner who runs the manufacturing business of machinery parts using three full-time workers under the trade name of “C” in Daegu Northern-gu B.

1. When a worker dies or retires from office, the employer who has violated 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, unless agreed by the parties concerned;

Nevertheless, Defendant D’s working hours from July 19, 2004 to June 30, 2016, including wages of KRW 2,700,000 on May 5, 2015, and KRW 58,070,970 on the total wage of three workers, as shown in the list of crimes in the attached Table, did not pay within 14 days from the date of retirement without any agreement between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the defendant did not pay 22,583,590 won, including 12,129,880 won of the above employee D's retirement allowance, within 14 days from the date of retirement without agreement between the parties, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. A written complaint, a petition, a written statement, each complainant, a statement of calculation of each retirement allowance, each detailed statement of money and other valuables in arrears, each wage ledger, each passbook transaction statement, a copy of a business registration certificate, a report on the performance of collection of sources, and each statement showing the fact of closure

1. Previous convictions in judgment: Application of the Acts and subordinate statutes stated in a reply to criminal investigation records, reply to criminal investigation records, and report on investigation (report attached to the judgment, etc

1. Articles 109(1) and 36 of the Labor Standards Act for criminal facts (a point of view of the failure to liquidate wages) of the relevant Act.