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(영문) 대구지방법원 김천지원 2019.06.05 2018고단546
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the corporation C located in Gyeong-si, North America, who runs the business of manufacturing automation facilities using 37 full-time workers.

1. 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;

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, while working in the foregoing workplace and retired on August 5, 2017, did not pay the total amount of KRW 13,271,917, as stated in attached Table 1 No. 2 and No. 3, as well as KRW 7,94,69 of the retirement allowances of employees D, who were retired on August 5, 2017, within 14 days from the date on which the cause for the payment occurred without an agreement between the parties to the extension of the due date

2. 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.

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

Nevertheless, the Defendant, while working in the foregoing workplace and retired on August 5, 2017, did not pay KRW 20,40,000 as stated in the attached Table 2, 300,40,000 won in total, within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as stated in the attached Table 2, 3, 2017, including that the Defendant did not pay KRW 3,66,67 in July 2017, and the wage of KRW 3,66,667 in August 2017, and the wage of KRW 473,118 in August 207, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of D and E;

1. Application of Acts and subordinate statutes to reports on labor supervision;

1. Article applicable to criminal facts;

A. Unpaid wages: November 2017 of the former Labor Standards Act.

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