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(영문) 대구지방법원 경주지원 2016.10.12 2016고단327
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Height327] The Defendant is the representative of C Co., Ltd. in the racing-si, who is engaged in the manufacturing of automobile parts by making use of 20 full-time workers.

1. 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;

Nevertheless, the Defendant, on March 13, 2015, did not pay 12,498,720 won, total of seven workers, including the annual leave allowances of 1,750,000 won and E’s annual leave allowances of 2,513,920 won on August 8, 2015, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay 35,584,468 won, including 3,938,939 won of retirement pay of E retired on March 1, 2015, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as stated in the attached list of crimes.

[2016 order 437] The Defendant is the representative of C Co., Ltd. at the time of racing, who is engaged in the manufacturing of automobile parts by making use of 20 regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 1,490,00 on February 30, 2016 of the FF retired on March 30, 2016; KRW 1,515,483 on March 2016; KRW 324,000 on January 22, 2016; and KRW 1,173,103 on February 2016, within 14 days from the date of retirement without agreement on extension of the due date between the parties.

[2016 Highest 591] The Defendant is the representative of C Co., Ltd. at the time of racing, who is full-time workers.

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