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(영문) 대구지방법원 2015.02.12 2013고단1435
근로기준법위반등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is the representative director or the actual business owner of the F Incorporated Co., Ltd. (hereinafter referred to as the “F”) with the sixth floor in Daegu-gu Da, which runs the construction business by making use of 50 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days, unless there exists any agreement between the parties on the extension of the fixed date from the time when the cause for such payment occurred.

The defendant shall work from November 8, 2010 to April 30, 2012.

A retired worker's wages and bonuses totaled KRW 8,99,720, and is working in the company as shown in the attached Table of Crimes (1).

The retirement worker did not pay the total of 695,485,670 won of wages, bonuses, and retirement allowances of 12 workers within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Although workers J and K submitted a written application to the Defendant that he/she would be punished against the Defendant, it is difficult to view it as an expression of intent that the Defendant does not want to be punished.

The Defendant is a representative director or actual business owner of F in the sixth floor in Daegu-gu E hotel Do, who is a user who runs a comprehensive construction business using 70 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

The Defendant, as indicated in the attached list of crimes (2) in the attached Table, did not pay KRW 3,461,00 of wages and retirement allowances of KRW 5,048,440 on December 2, 201 of I, who worked as the site leader from April 21, 2009 to December 31, 201, at the H site located in the Gyeongbuk-gun, where F was supplied by the Corporation from the Agricultural and Fishing Villages Corporation, and the Defendant was released public prosecution on the portion No. 321,367,123 of wages for 26 employees, as indicated in the attached list of crimes (2).

annex. 6.2

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