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(영문) 대구지방법원 상주지원 2018.02.06 2018고단1
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in this case, BV, BX, BY, BY, Z, CA, CB,CC, CD, CE, CG, CH, and CH.

Reasons

Punishment of the crime

[Status of Defendant] As the representative director of E Co., Ltd. in CV, the Defendant is an employer who runs construction business with 15 full-time workers and 10 full-time workers as representative director of CW Co., Ltd. in the same location

[Detailed Criminal Facts]

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

A. From January 12, 2016 to June 30, 2016, retired workers, who are in charge of the management of E’s workplace, do not pay the total of 38,492,340 won, including 2,622,80 won of the amount of divided wages of March 3, 2016 of CX, within 14 days from the date of retirement, when the cause for payment occurred without agreement on the extension of the due date for payment between the parties, as shown in attached Table 1 to 4,7;

B. From November 1, 2005 to April 26, 2017, employees who retired from the place of business of W, who are in charge of management, did not pay the total amount of KRW 13,860,000 for five retired workers, as shown in attached Table 2, 3, 6, 7, 22, and 24, as well as KRW 2,460,00 of the amount of divided wages of March 3, 2017, within 14 days from the date of retirement when the grounds for payment occurred without agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, from August 20, 2010 to August 26, 2014, the Defendant did not pay KRW 3,661,500 of the retirement allowances of the retired worker CX to E in the workplace of E, within 14 days from the date of retirement when the cause for payment occurred, without the agreement on the extension of the payment period between the parties.

3. The defendant who violated the Illegal Television Control Act.

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