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(영문) 대구지방법원 김천지원 2017.12.07 2017고단751
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to two million won.

However, the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the third representative director of the corporation in the old and American City C, who was engaged in the manufacturing industry using 30 full-time workers.

1. Violation of the Labor Standards Act;

(a) An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, a document stating the constituent items, method of calculation, method of payment, fixed working hours, holidays pursuant to Article 55, and annual paid leave pursuant to Article 60 shall be delivered to workers.

Nevertheless, the Defendant, from June 1, 2012 to June 1, 2012, did not prepare and deliver a written labor contract with 18 workers as specified in the attached Table of Crimes List, including D, etc., on August 1, 2016, on which the Defendant entered into a labor contract with 18 workers as specified in the attached Table of Crimes, such as D, etc., and on which the constituent items, calculation method, payment method and small working hours, holidays, annual paid leaves, and other matters concerning the working conditions prescribed by Presidential Decree are specified

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, the Defendant, who was employed on December 9, 2014 and retired on October 18, 2016, did not pay KRW 34,301,224, total sum of five retired workers, including KRW 2,613,309 on September 18, 2016, and KRW 7,9,10,10,14,16, and KRW 34,301,224 on September 14, 201, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. Where a worker retires from office, the employer of benefits security shall pay him/her a retirement allowance within 14 days from the date on which the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, the Defendant on December 1, 2016.

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