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(영문) 대구지방법원 김천지원 2015.10.22 2015고단922

근로기준법위반등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is an employer who engages in a manufacturing business (Dom) with eight full-time workers as a person who actually operates the Gu and American-si B’s “C”.

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;

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

Nevertheless, the Defendant did not pay 2,50,000 won of wages of 2,50,000 on September 30, 2014 of 2014 to employees D, retired from the said workplace on November 30, 2014, within 14 days from the date of the occurrence of the cause for payment without an agreement between the parties on extension of the due date, and did not pay 26,20,000 won in total to 54 workers as stated in the detailed statement of the money and valuables in arrears in the attached Form within 14 days from the date of occurrence

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall pay a retirement allowance within fourteen days from the date when a worker retires;

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

Nevertheless, the Defendant, at the above workplace on November 30, 2014, did not pay KRW 13,609,060 of retirement allowances of employees D, retired on November 30, 2014, within 14 days from the date of occurrence of the cause for payment without agreement on the extension of the due date for payment between the parties, and did not pay KRW 23,061,550 in total to three workers as stated in the detailed statement of the money and valuables in arrears in the attached Form within 14 days from the date of occurrence

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. E statements;

1. A detailed statement of overdue money and valuables, a certificate of details of deposit transactions, and a copy of the passbook;