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(영문) 대구지방법원 경주지원 2017.06.22 2017고단78
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six 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 of C Co., Ltd. in the racing-si, who is engaged in the manufacturing business by employing six 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 1,16,290 on April 1, 2016, when working in the said workplace and retired from July 1, 2016, within 14 days from the date of retirement, which is the date of payment, without agreement between the parties on the extension of the date of payment between the parties, and did not pay KRW 40,97,245 on the total amount of seven workers’ wages, such as No. 2 through No. 6,8,99,99, and 9.

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 12,53,189 of E’s retirement pay of May 1, 2016, as well as KRW 19,721,812 of the total amount of two employees’ retirement pay, as shown in No. 2 and No. 3, within 14 days from the date of retirement, which is the date of payment, without agreement on the extension of the date of payment between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the defendant, E, F, G, H, and I;

1. Application of Acts and subordinate statutes, such as each written appeal, the overdue payment report, the overdue payment of wages, the ledger of wages, etc., business registration certificate, a detailed statement of wages

1. Article 109(1) and (2) of the Labor Standards Act concerning facts constituting an offense;

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