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(영문) 대구지방법원 경주지원 2017.08.17 2017고단165
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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.

Reasons

Punishment of the crime

"2017 Highest 165"

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 employed 37 full-time workers at the place of business in the racing-si, and operated the Gangnam Manufacturing Business Limited Company D, and the Defendant did not pay 84,581,190 won in total of 13 workers within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as shown in the list of crimes in attached Table, including the total of 3,951,230 won of E’s wages retired on December 27, 2016.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, if the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred;

Nevertheless, the Defendant did not pay KRW 100,403,624 in total for 11 employees, as stated in the list of crimes in the attached Table, such as the retirement pay 2,851,952 of E retired on December 27, 2016, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

"2017 Highest 224"

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 employed 37 full-time workers at the place of business in the racing-si, and operated Gangnam Manufacturing Business D, which is an employer who operated the Gangnam Manufacturing Business Co., Ltd. (Pipe), and the Defendant did not pay KRW 4,517,150 in total of the wages and annual allowances of retired workers F on December 1, 2016 at the said place of business within 14 days from the date of retirement without agreement on the extension of the payment period between the parties concerned.

2. An employer who violates the Guarantee of Retirement Benefits of Workers shall, in case where the employee retires, enter into the grounds for such payment;

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