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(영문) 대구지방법원 2017.12.14 2017고단3609
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is a full-time employer who runs the manufacturing business of industrial machinery, etc. using 33 full-time workers under the trade name of D Co., Ltd. (hereinafter “D”).

"2017 Highest 3609"

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the Defendant did not pay KRW 16,526,320 from the date of retirement within 14 days from the date of retirement without agreement between the parties, including KRW 6,90,00,00, total amount of annual unused allowances and retirement allowances, etc., of KRW 16,526,320, such as wages of three workers, as shown in attached Table (1), No. 1,4,7.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the Defendant did not pay KRW 4,901,850 as well as KRW 4,901,850,00,000,00 from D to December 31, 2016, as well as KRW 5,907,774,00,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

The Defendant of “2017 Highest 3843” was employed and worked as D on March 18, 2015, and on February 6, 2017, paid 251,000 wages of retired workers G on February 6, 2017, and paid 120,000 retirement allowances, retirement allowances, 3,263,177 won in total, and 3,634,177 won in total, within 14 days from the date of retirement without agreement on the extension of the payment deadline.

In addition to this, the Defendant is a worker with the total amount of 28,783,399 won, such as 1,3,4,6,9,90 per annum of attached crimes (2) and 28,783,39.

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