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(영문) 대구지방법원 2021.01.21 2020고단1430
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant in arrears with the wages related to B is the representative of B in the Gyeongdong-gun C, who ordinarily employs two employees and operates a mobile phone skin manufacturing business.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant worked in the said workplace from around November 1, 2014 to September 1, 2019, and did not pay KRW 24,760,000,000, including the sum of wages from around May 1, 2019 to September 1, 2019 of the retired workers D, and from around October 18, 2018 to September 1, 2019, and paid KRW 24,760,00,000, including the sum of wages from around May 1, 2019 to September 1, 2019 to around September 20, 2019.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay KRW 18,921,977 of retirement allowances of retired workers D from his/her workplace from November 1, 2014 to September 1, 2019 within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline.

2. The Defendant in arrears with wages related to the F is the F’s representative in the North America-si, the employer who ordinarily employs one worker and operates the e-mail manufacturing business.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

except in special circumstances.

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