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(영문) 대구지방법원 서부지원 2015.11.27 2015고단1594
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the representative of D in the Ganbuk-gun C, who is an employer who runs a manufacturing business (a steel structure) with 15 regular 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 July 1, 2013 to November 30, 2014 at the above workplace.

A retired worker E did not pay 1,00,000 won of wages of 1,000,000 on November 2014 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as shown in the list of crimes (the details of overdue wages) in the attached Table, such as the failure to pay 14 days from the date of retirement, respectively, within 14 days from the date of retirement without any agreement on the extension of the due date.

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 any 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 October 19, 2013 to November 22, 2014 at the above workplace.

The retirement allowance of retired workers 3,64,150 won of the F retirement allowance is not paid within 14 days from the date of the retirement without any agreement between the parties on the extension of the payment due date, and the total amount of 47,102,590 won of the retirement allowance of 7 retirement workers is not paid within 14 days from the date of the retirement without any agreement on the extension of the payment due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, E, G, H, I, J, and K;

1. Each complaint;

1. The chief of the accusation/appeal;

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