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(영문) 대구지방법원 경주지원 2020.04.14 2019고단231
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of C (State) in the racing-si, who employs approximately 30 workers on a regular basis, and operates the manufacturing business of motor vehicle parts.

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;

Nevertheless, the Defendant, at the same place of business, worked from January 4, 2010 to February 1, 2018 at the above place of business, did not pay KRW 2,495,00,00 in total, of the wages and annual paid leave allowances of 35 workers, as shown in attached Table 1, within 14 days from each retirement date, as well as KRW 195,808,60 in total.

2. Violation of the Guarantee of Workers' Retirement Benefits Act;

(a) 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;

Nevertheless, the defendant works in the above workplace.

In addition, the amount of KRW 8,612,615 of the retirement allowance of a retired worker D, who had worked from January 4, 2010 to February 1, 2018, was not paid within 14 days from the date of the retirement, and the total amount of KRW 213,782,112 of the retirement allowance of 29 workers, as shown in attached Table 2 of the Crimes List 2, was not paid within 14 days from the date of each retirement.

(b) If an employer of the interest in arrears of a retirement pension fails to pay the contributions to a participant of the defined contribution plan when a ground, such as retirement of the participant of the defined contribution plan, occurs, the employer shall pay the contributions and interest in arrears to the account of the relevant participant of the defined contribution plan within 14 days

Nevertheless, the defendant works in the above workplace.

2,710,463 won in interest on retirement pension of retired workers D after serving from January 4, 2010 to February 1, 2018 shall be 14 days from the date of retirement.

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