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(영문) 대전지방법원 홍성지원 2020.05.20 2019고단945
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is the representative of the (ju) Red-gun B, who is a user of the steel structure manufacturing business using 17 full-time workers.

1. An employer who has not paid wages shall, if the employee dies or retires, pay the wages, compensations, and all other money or valuables within 14 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, at the foregoing place of business, worked from March 18, 2013 to October 30, 2017 and served as a retired worker D’s wage of 2,00,000 won in June 2017, and wage of 4,930,000 won in November 2017 and as indicated in the attached crime list (excluding Nos. 2, 8,100 in order), did not pay 36,725,00 won in total of wages of 12 workers within 14 days from the date of retirement without an agreement on extension of the due date.

2. Where a worker retires, the employer who has not paid a retirement allowance shall pay the retirement allowance within 14 days from the date when the grounds 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, at the foregoing place of business, worked from March 18, 2013 to October 30, 2017 and served as a retired employee from the above place of business, and paid 19,609,791 won of retirement allowance of the said D as well as 52,519,412 won in total for five employees within 14 days from the date of retirement without any agreement on the extension of the payment deadline, as shown in the attached list of crimes (excluding No. 2).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the report on the authenticity of overdue wages and the written output notification;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.

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