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(영문) 대전지방법원 2016.05.18 2015고단1832 (1)

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant operated D Council members in Daejeon Jung-gu, Daejeon.

[2015 Highest 1832]

1. Where an employer violating the Labor Standards Act due to the failure to pay wages or allowances for unused annual wages dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant employed workers E from the above D member to December 14, 2014, and did not pay 3,763,30 won to the above E within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date, and the defendant did not pay 43,528,470 won in total as the "amount of unpaid wages, etc." in the attached Form within 14 days from the date of retirement of each worker without any agreement on the extension of the payment date between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for an employee unpaid as a retirement allowance shall, if the employee retires, pay the retirement allowance within 14 days after the ground for such payment occurred.

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

Nevertheless, the defendant employed workers F from June 16, 201 to October 20, 2014 by the above D members, and did not pay 11,156,405 retirement allowances to the above F within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline, and each worker without an agreement on the extension of the payment deadline between the parties without agreement between the parties, within 14 days from the date of retirement, paid 17,73,178 total amount of retirement allowances, such as "the details on payment of retirement allowances", as shown in attached Form 1.