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(영문) 대전지방법원 천안지원 2019.06.03 2018고단3124
근로기준법위반등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Seo-gu, Seoan-gu, Seoan-gu, and is an employer who runs a manufacturing business using 12 full-time workers.

1. 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;

The defendant works in the above workplace from May 23, 2016 to March 28, 2017.

D’s total wage of KRW 10,905,523 from June 2016 to February 2017, 2017, is not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, and is working in the same workplace as indicated in the attached list of crimes.

The total amount of wages of 43,275,905 workers retired was not paid within 14 days from each retirement date without any agreement between the parties on the extension of the due date.

2. 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 any cause for such payment occurred; and

The defendant works in the above workplace from March 25, 2002 to January 1, 2015.

The retirement pay of KRW 892,949, which was retired, shall not be paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, and shall work in the relevant workplace as shown in the list of crimes in the attached Form.

The retirement allowance of 40,681,826 won in total for four retired workers was not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity statement of E;

1. Each petition of D or F;

1. A written statement of reference witnesses of G;

1. Application of written confirmation of an employer of overdue wages, etc.;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act as to criminal facts.

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