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(영문) 대구지방법원 2020.08.25 2020고단2191

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 29, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Labor Standards Act, etc. at the Daegu District Court on May 7, 2020, and the judgment became final and conclusive.

The written indictment states that the case of violation of the Labor Standards Act against the accused is pending in the appellate trial, but the judgment of imprisonment without prison labor or a heavier punishment has become final and conclusive, and even if this is recognized as criminal records by the accused, it does not substantially disadvantage the defendant's exercise of his/her right to defense. Therefore, the confirmation of the above judgment ex officio without any changes in the indictment

【Criminal Facts】

The defendant is the representative of the Daegu-gu Seoul Special Metropolitan City Dispute Resolution Co., Ltd. and is an employer who runs a manufacturing business with 50 full-time workers.

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

Provided, That the date may be extended by an agreement between the parties on special grounds.

Nevertheless, the Defendant did not extend the date by mutual agreement between the parties and did not pay KRW 134,612,436 of the total wages of 16 workers within 14 days from the date of retirement when the cause for payment occurred, including KRW 1,182,656 of the D's wages on Nov. 1, 2018, which was produced and assembled from April 6, 2017 to May 15, 2019.

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

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the suspect is from April 6, 2017 to May 15, 2019.