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(영문) 대구지방법원 상주지원 2014.05.13 2013고단602
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, violation of the Labor Standards Act as to B.

Reasons

Punishment of the crime

The defendant, as the representative of the D Agricultural Partnership in Da, is an employer who is engaged in agriculture with 15 full-time workers as the representative of the D Agricultural Partnership.

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

Despite "2013 Highest 602", the defendant works in the above workplace from June 11, 2001 to May 31, 2013.

In addition to the non-payment of 319,750 won of wages in May 2012, the total amount of 68,367,625 won of five employees shall not be paid 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 Nos. 1, 3, and 6, and at the same time, payment of 12,538,350 won of the above E retirement pay as stated in the attached list Nos. 1, 3, and 6, and the total amount of 49,393,943 won of five employees' retirement pay was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

"2014 Highest 65" Defendant shall work in the above workplace from July 14, 2008 to April 20, 2013.

A retired worker’s total wage of KRW 27,169,880 is not paid within 14 days from the date of his/her retirement without any agreement on the extension of the due date between the parties, and at the same time, the said F’s retirement allowance of KRW 7,830,120 was not paid within 14 days from the date of his/her retirement without any agreement on the extension

Summary of Evidence

"2013 Highest 602"

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Details of individual delinquent money and valuables "2014 short-term 65";

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes governing overdue payments;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts and the Guarantee of Workers' Retirement Benefits, respectively.

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