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(영문) 대구지방법원 경주지원 2019.06.26 2017고단826

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 the representative of C in racing-si, who is an employer who operates the manufacturing business using approximately twenty full-time workers.

【2017 Height826】

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

Nevertheless, the defendant works in the above C workplace.

Around May 1, 2016, an employee was not paid KRW 26,401,712, including KRW 6,692,265, and KRW 26,401,712, respectively, within 14 days from the date of each retirement, as stated in the attached Table Nos. 2 through 6.

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

Nevertheless, the defendant works in the above workplace.

On May 1, 2016, employees D's retirement pay of KRW 12,495,00 as well as KRW 55,258,374, including KRW 12,495,00,00 as shown in attached Table 1 through 6, did not pay the total amount of KRW 5,258,374 within 14 days from each retirement date.

【2018 Highest 458】

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

Nevertheless, the defendant works in the above C workplace.

A worker E’s wage of KRW 2,660,00 has not been paid within 14 days from the date of retirement on September 27, 2016.

4. 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

Nevertheless, the defendant works in the above workplace.

A retirement allowance of 16,255,753 of E retired workers on September 27, 2016 shall be paid within 14 days from the date of retirement.