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(영문) 대구지방법원 김천지원 2015.11.25 2015고단1120
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is an employer who engages in the manufacturing business of agricultural machinery by ordinarily employing 19 workers, from among those who run the business of manufacturing agricultural machinery in the Gu and Si.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay 590,571 won of wages of 590,571 on January 8, 2013 of 2013 at the above workplace within 14 days from the date of occurrence of the cause for payment without agreement on extension of the due date for payment between the parties, and did not pay 7,151,950 won in total for 24 workers within 14 days from the date of occurrence of the cause for payment without agreement on extension of the due date for payment between each party.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall pay a retirement allowance within fourteen days from the date when a worker retires;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total amount of KRW 2,024,930 of retirement allowance E of retired workers on December 11, 2012 at the same place of business within 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension of the due date for payment, and did not pay the total amount of KRW 9,031,443 within 14 days from the date of occurrence of the cause for payment without agreement on the extension of the due date for payment between each party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. A detailed statement of overdue money and valuables, a written calculation of each retirement allowance, a written confirmation of work period, and each employment contract;

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