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(영문) 대구지방법원 경주지원 2018.11.14 2018고단306
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The defendant 2018 high group 306 is the representative of D, who employs 30 full-time workers, and operates the automobile parts manufacturing business.

(a) An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, on July 22, 2017, the Defendant was working in the business place of the above company located in Samsung-si and did not pay KRW 97,616,830, in total, including KRW 1,565,740 on July 7, 2017 of E-employee E, who retired around July 2, 2017, as well as KRW 36,616,830, such as wages of 36 workers and annual paid leave allowances, within 14 days from the date of each retirement.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

Nevertheless, the Defendant did not pay KRW 9,838,370 of the F's retirement allowance of the F's retired worker around July 31, 2017, as well as KRW 92,927,477 of the total amount of retirement allowance of 14 workers, such as the part of the attached crime list (2) as in the previous crime list (2).

2. The defendant 2018 Gool 462 is the representative of D in the racing-si, who employs approximately thirty full-time workers, and operates the manufacturing business of motor vehicle parts.

When an employee dies or retires, he/she shall pay wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 2,161,250 of G wages of employees G, who were employed in the said company’s workplace on July 28, 2017, within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written complaint or written accusation;

1. Each statement of overdue wages and a statement of revision of the details of overdue wages.

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