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(영문) 대구지방법원 김천지원 2018.03.29 2017고단694
근로자퇴직급여보장법위반등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, shall be punished by imprisonment for a year and two months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant A of the 2017 Highest 694, is the representative of the Corporation D (hereinafter referred to as “D”) located in the Gu and America, who runs the manufacturing industry by using ten full-time workers.

1. 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;

Nevertheless, Defendant A failed to pay KRW 13,506,39,830 in total, including two workers’ wages, within 26,539,830 won, without an agreement on the extension of payment deadline, when the cause for payment occurred, without any agreement on the extension of payment deadline.

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, Defendant A did not pay the total amount of KRW 12,945,280 for employees’ retirement pay of KRW 5,193,870 for employees E and KRW 7,751,410 for employees’ retirement pay, and Defendant A did not pay the total amount of KRW 12,945,280 for employees’ retirement pay within 14 days from the date of occurrence of the reasons for payment without agreement on extension

Defendant A, as the representative of D, is an employer who runs the manufacturing industry with 10 full-time workers.

1. 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;

Nevertheless, Defendant A, at the same place of business, worked from October 6, 2014 to October 31, 2016, 2,631,680 won in total, and H’s wages and money and valuables from September 15, 2012 to August 31, 2016.

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