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(영문) 대구지방법원 포항지원 2016.11.24 2016고단1239
근로기준법위반등
Text

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

Reasons

Punishment of the crime

The defendant is a user who runs security and cleaning service business using 25 full-time workers as the representative Co., Ltd. in Nam-gu B at the time of port.

1. Where a worker dies or retires, the employer in violation of the Labor Standards Act shall pay all the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, the Defendant works in the above workplace.

In addition to the failure to pay a total of KRW 2,275,246 of the wages of D retired on June 1, 2016, the relevant workplace shall work in the relevant workplace as described in the attached list of crimes.

The total amount of wages of 25 retired workers was not paid 37,367,936 won after 14 days from the date of retirement.

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 from the date when the cause for such payment occurred.

Nevertheless, the Defendant works in the above workplace.

The retirement allowance of D, which was retired on June 1, 2016, was not paid KRW 10,485,576, and is working in the business as shown in the attached list of crimes.

The total amount of retirement allowances of 22 retired workers was not paid 127,941,94 won after 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on E, D, F, G, H, I, J, K, L, M, M, P, Q, R, T, T, U,V, and W;

1. A written calculation of average wages and retirement allowances;

1. An investigation report (calculated, etc. of retirement allowances);

1. Application of Acts and subordinate statutes to wage ledgers, March 2016;

1. Articles 109(1) and 36 of the Labor Standards Act, subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, each of the relevant laws on criminal facts;

1. As to the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act with respect to workers under Articles 40 and 50 of the Criminal Act, the nature and circumstances of each crime are heavier.

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