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(영문) 대구지방법원 포항지원 2018.03.21 2017고단778
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Defendant D's representative director of the Nam-gu Seoul Metropolitan Government Co., Ltd. in the Nam-gu at Port-si, who runs a construction business using four full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, the Defendant did not pay 46,862,00 won (from May 1, 2011 to October 31, 2016, from around August 4, 2005 to September 30, 2016) in total, 46,862,00 won (from around October 1, 201 of the period of work to around October 31, 201 of the date of multilateral payment) within 14 days from the date of retirement without any agreement on the extension of the period of multilateral payment from August 4, 2005 to September 30, 2016.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, on November 1, 2016, the Defendant did not pay KRW 40,314,029, in total, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned, to the employees, including KRW 13,950,408, etc., of the aforementioned E retirement pay of KRW 13,950,408.

The defendant 17 of "2018 Highest 17" is the representative director of D Co., Ltd. in Nam-gu, Nam-gu, Seoul, who runs a construction business with four full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, from May 15, 201 to May 10, 2017, the Defendant is a person who worked and retired in D Co., Ltd. and worked in August 2014.

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