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(영문) 대구지방법원 김천지원 2021.01.14 2020고단600
근로자퇴직급여보장법위반등
Text

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

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

(e).

Reasons

Punishment of the crime

The defendant is the representative director of the (ju) EE located in Gyeong-si, North America, who is an employer who runs the manufacturing business of semiconductor equipment using at least 30 of the above 30 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;

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

Nevertheless, the defendant worked for the above business entity as a member of assembly and supply from April 4, 201 to August 12, 2019, and retired from office on June 4, 2019, the defendant did not pay 59,151,931 won in total, including 59,151,931 won in total, including 4,238,925 won in the annexed crime list 1,238,925, and 2,3,5,7,7, and 100 won in the annexed crime list, within 14 days from the date of retirement without agreement on the extension of payment date between the parties.

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; and

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

Nevertheless, the Defendant did not pay KRW 104,106,476, as well as KRW 36,069,901 of F's retirement allowances retired from the said workplace as a member of assembly and supply, from April 4, 201 to August 12, 2019, without agreement between the parties on the extension of payment deadline, for the total amount of KRW 104,106,476 of the retirement allowances for six workers, as shown in attached crime list 1,2,3,8,9,9,100.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement G, H, F, and I on each police statement made by the police in relation to I, detailed statement of payment of each benefit in arrears, each detailed statement of money and valuables in arrears, results of calculation of each retirement allowance, calculation of each retirement allowance, detailed statement of account transaction by account, each average wage and retirement allowance calculation

1. Criminal facts;

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