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(영문) 대구지방법원 경주지원 2017.08.23 2017고단10
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. in the racing-si, who is engaged in the manufacturing business by employing 13 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, the Defendant did not pay KRW 722,940 on July 28, 2016 as wages of KRW 722,940 on July 2016, as well as KRW 24,350,194 on the total wages of KRW 7 workers, as in [Attachment 1-3, 6, 11, 12, and 14], as in [Attachment 2-3, 6, 11, 12, and 14], without an agreement on the extension of the payment date between the respective parties, within 14 days from the date of retirement, which is the date of payment.

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.

Nevertheless, the Defendant did not pay KRW 2,815,218 of the retirement pay of E retired on June 11, 2016 within 14 days from the date of retirement, which is the date of payment, without an agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, E, G, and D;

1. Application of Acts and subordinate statutes to each authentic letter, each overdue payment report, each business registration certificate, each labor contract, each wage ledger, etc. on November 2015, each wage ledger, etc. on February 2016, each labor contract, etc., each overdue payment confirmation certificate, each retirement pay calculation, each retirement pay calculation, and each statement of money and valuables in arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act (which means the payment of wages, etc.) of the relevant Act on criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of wages, etc.);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (with respect to damaged workers E).

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