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(영문) 대구지방법원 김천지원 2018.10.05 2018고단203

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a user who runs a manufacturing business by employing four full-time workers under the name of D in the old and American City C and the first floor.

1. An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay all money and valuables, such as wages, compensations, etc. within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned;

Nevertheless, the Defendant did not pay 29,485,359 won, including the total wage of 6,947,270 won from April 15, 2014 to September 7, 2017 to 2017 of E-employee E who worked in the said workplace from around April 15, 2014, and from June 2017 to September 2017, as indicated in the following crime list, to 29,485,359 won, without any agreement between the parties.

The period of service in arrears 1 E from April 15, 2014 to September 7, 2017, the unpaid wages of KRW 6,947,270 from April 17, 2017 to September 2017, 5, from around 2017 to August 26, 2017, the wages of KRW 5,523,98 from around 5, 2017 to August 17, 2017, and the unpaid wages of KRW 5,523,98 from around 5, 2017 to October 19, 2017; and the unpaid wages of KRW 5,519,560 from around 5, 201 to September 1, 2017 to June 1, 2017; and

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant is recorded in the list of crimes below, including the amount of KRW 7,489,772, who worked in the workplace from April 15, 2014 to September 7, 2017, as well as the amount of KRW 7,489,772.