logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2018.01.11 2017고단779
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Defendant C is the representative director of the Corporation C in Sung-gu, Changwon-si, Changwon-si, who is engaged in industrial machinery and manufacturing business with 30 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 did not pay 105,53,490 won, including 4,480,000 won in January 2017, 2017, which was retired from the said workplace, within 14 days from the date of the occurrence of the reasons for payment, without any agreement on the extension of the payment period between the parties, as well as the details of money and valuables in arrears in attached Form 14, including 14,05,55,53,490 won in total, which was 14,000 won in January 26, 2016 to January 31, 2017.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 7,510,000 in total for retirement allowances of two retired workers, including KRW 3,010,000,00 of retirement allowances retired from the said workplace as of November 2, 2015 through February 27, 2017, within 14 days from the date of retirement, which is the date of occurrence of the cause of payment between the parties, without any agreement on the extension of the payment deadline between the parties.

"2017 Highest 1030"

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

However, if there are special circumstances, the parties.

arrow