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(영문) 대구지방법원 경주지원 2019.01.16 2018고단296
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

[2018 Highest 296] The Defendant is the representative of C Co., Ltd. at the time of racing, who employs 24 full-time workers and operates the painting business.

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

Nevertheless, the defendant works in the above company's workplace.

A worker D’s wage of KRW 14,343,012 on December 31, 2017 was not paid within 14 days from the date of his/her retirement as well as KRW 50,212,508 in total amount of wages of KRW 50,212,508 in attached Form 1, 2618, and 20 as described in attached Table 20(1).

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

Nevertheless, the defendant works in the above company's workplace.

Around December 31, 2017, a retirement allowance of KRW 3,327,773 of a retired worker D was not paid within 14 days from the date of the retirement, and the total amount of KRW 9,911,658 of the retirement allowances of three workers was not paid within 14 days from the date of each retirement, as described in the list of crimes (2) in attached Table 1, 2, and 11.

[2018J 427] The Defendant is the representative of C Co., Ltd. in the racing-si, who employs approximately twenty-four full-time workers and operates the painting business.

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 works in the above company's workplace.

A worker E’s wage of KRW 2,400,000 has not been paid within 14 days from the date of his/her retirement on November 10, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement and statement;

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