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Reasons
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(영문) 대구지방법원 포항지원 2020.01.30 2019고단610
근로기준법위반
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The punishment of the accused shall be four months by imprisonment.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

The defendant is the actual manager of the K K in the case of Pakistan, and is the user who is engaged in food and accommodation service in M, etc. in the south-gu L in the case of port using 11 full-time workers.

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

Nevertheless, the Defendant worked in the workplace from September 1, 2018 to November 1, 2018, and did not pay KRW 165,490 of the wages of the retired worker N on October 1, 2018, within 14 days from the time when the cause for the payment occurred without an agreement on the extension of the due date between the parties, and did not pay KRW 30,091,393 of the total wages of 15 retirement workers as shown in the attached Table 14 days from the time when the cause for the payment occurred without any agreement on the extension of the due date between the parties.

2. The employer shall pay wages at least once a month on a fixed date;

Nevertheless, from August 1, 2018, the Defendant did not pay KRW 443,240 on October 10, 2018 of an employee's O working at the same workplace as of the 10th day of each month, which is the date of the regular payment of wages, and did not pay KRW 17,905,945 on the 10th day of each month, which is the date of the regular payment of wages.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of P;

1. Each police statement of Qua, R, S, and P;

1. Each written petition, each written statement, and each written confirmation;

1. Application of details of each financial transaction, each contract, each certificate of registered matters, and statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 109(1) and 109(1) of the same Act.

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