logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2019.09.19 2018고단1036
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the representative of C located in Daegu-gun Group B and is the employer who operates an automation facility manufacturing business using eight 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;

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

Nevertheless, the defendant is working from May 1, 2016 to September 30, 2017 at the above workplace.

A retired worker D’s wage of KRW 3,200,00 on July 7, 2017, KRW 3,350,000 on August 8, 2017, and KRW 9,750,000 on September 9, 2017, including KRW 3,200,00 on wage of KRW 3,20,00 on September 1, 2017, and KRW 28,565,390 on the total wage of 7 workers retired while working in the above workplace, as described in the attached crime list, did not pay the same within 14 days from the date of retirement, without any agreement between the parties on the extension

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 the cause for such payment occurred; and

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

Nevertheless, the defendant is working from May 1, 2016 to September 30, 2017 at the above workplace.

The retirement allowance of the retired worker was not paid KRW 8,071,980, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment, as shown in the attached list of crimes, such as KRW 4,512,060 of the retirement allowance of the retired worker D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint and a petition;

1. Application of Acts and subordinate statutes to detailed statements of benefits, work days, average wages, and retirement allowances;

1. Article 109 of the Labor Standards Act concerning criminal facts

arrow