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(영문) 대구지방법원 2019.09.19 2019고단3006
근로기준법위반등
Text

A defendant shall be punished by imprisonment for a term of two years and six months and a fine of one million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 20, 2019, the Defendant was sentenced to two years of imprisonment for the violation of the Punishment of Tax Evaders Act, etc. by the Daegu District Court on the 28th of the same month.

The defendant of "2019 Highest 3006" is a D representative in Gyeong-si Seoul Metropolitan City, who employs 25 full-time workers and operates human resources supply business.

1. An employer who has not paid wages shall, if the employee dies or retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

The Defendant is working under the above D from April 15, 2017 to April 26, 2017, located at the construction site in Chungcheongnam-si, Chungcheongnam-si.

A retired worker E’s wage of KRW 91,360,440,000, including wage of KRW 1,090,000 on April 2017, was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

2. 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.

The defendant works in the above workplace from March 14, 2016 to April 16, 2017.

Retirement allowance of retired workers 2,186,300 won and from August 8, 2016 to September 16, 2017.

The retirement allowance of the retired worker B was not paid in total of KRW 4,467,372 including KRW 2,281,072 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

3. An employer who violates the duty to specify working conditions shall deliver to the workers a written statement specifying the items to be included in the wages, calculation method and payment method, prescribed working hours, holidays and annual paid leave when concluding a labor contract;

The defendant works as a production worker from November 18, 2016 to February 21, 2017.

On February 22, 2017 with G workers retired from office, the constituent items, method and method of calculating wages when concluding a labor contract.

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