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(영문) 대구지방법원 2018.07.13 2018고단512
근로기준법위반등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant of the 2018 Highest 512 is an employer who operates a cosmetic cosmetic by employing 31 full-time workers as the representative of the D Beauty Private Teaching Institutes located in Daegu Jung-gu.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless agreed by the parties concerned;

The defendant worked as an instructor from August 14, 2007 to June 1, 2017 and did not pay the total of KRW 3,236,870 of the wages of retired workers E within 14 days from the date of retirement without agreement between the parties, as shown in the list of crimes in the attached Table, and did not pay the total of KRW 180,60,826 of the wages of 31 workers within 14 days from the date of each retirement without agreement between the parties.

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 14 days after the cause for such payment occurred, unless agreed by the parties concerned;

The defendant worked as an instructor from May 25, 2009 to June 21, 2017, and did not pay KRW 1,478,568 of the retirement allowances of retired workers as well as KRW 90,395,525 of the total amount of 13 retirement allowances within 14 days from each retirement date, as described in the list of crimes in the separate sheet of crimes, as shown in the separate sheet of crimes.

The Defendant of “D” Daegu-gu Campus in Jung-gu, Daegu-gu, from around 2003 to July 25, 2017.

From around 2003, the Defendant entered into a one-year franchise agreement with G Co., Ltd. operating a franchisor for “D” and renewed the annual contract period, and the franchise agreement was expired on December 31, 2016 while operating a “D” Daegu Camp.

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