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(영문) 대구지방법원김천지원 2020.11.11 2019고단1659

근로기준법위반

Text

The crimes of the 2019 Highest 1659, which are decided by the defendant, shall be punished by imprisonment with prison labor for two months and the 2019 Highest 1748, which are decided by the defendant.

Reasons

Punishment of the crime

[criminal power] On August 9, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Labor Standards Act at the Daegu District Court on April 17, 2019, and the judgment was finalized on August 17, 2019. On August 29, 2019, the Daegu District Court sentenced one year of suspension of execution to four months of imprisonment with prison labor for a violation of the Labor Standards Act under the Daegu District Court Kimcheon Support Act, and the sentence was finalized on August 21, 2020

【Criminal Facts】

The Defendant is the representative of C in Gyeong-si, North America, who is an employer who operates the business of manufacturing automation equipment by employing three regular workers.

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

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

Nevertheless, the Defendant did not pay 1,30,000 won in total, including 1,590,330 won in May 25, 2019, 3,500,000 won in June 2019, and 3,50,000 won in July 2019, and 2,709,670 won in August 2019, without any agreement between the parties on the extension of the due date.

The Defendant is the representative of C in Gyeong-si, North America, who is an employer who operates the business of manufacturing automation equipment by employing three regular workers.

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

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

Nevertheless, the Defendant included the total of KRW 1,320,00 in wage of KRW 360,00 in April 10, 2019, wage of KRW 120,000 in May 2019, and wage of KRW 840,00 in June 2019, and KRW 1,320,00 in the above workplace as indicated in the attached list of crimes, and KRW 19,914,840 in total, as indicated in the attached list of crimes.

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