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(영문) 대전지방법원 2018.08.08 2018고단378
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.

Reasons

Punishment of the crime

The defendant of "2018 Highest 378" is a representative of Category C in Category C, who engages in automobile repair and maintenance business.

When a worker dies or retires, the employer shall pay him/her wages, compensations, retirement allowances, and other money or valuables within 14 days from the date of his/her retirement.

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

Nevertheless, the Defendant was working in the said workplace from February 15, 2015 to September 5, 2015, and paid KRW 9,000,000,000, monthly wage of April 1, 2015 to September 1, 2015, without any agreement between the parties on the extension of the payment period between the parties, within 14 days from the date of retirement.

The defendant of "2018 Highest 1303" is the representative of Category C in Category C, who runs automobile repair and maintenance business.

When a worker dies or retires, the employer shall pay him/her wages, compensations, retirement allowances, and other money or valuables within 14 days from the date of his/her retirement.

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

Nevertheless, the Defendant did not pay wages of KRW 5,800,00 and retirement allowances of KRW 9,010,577 to E retired from the said workplace from January 2, 2013 to January 28, 2018, and of KRW 3,149,499, and KRW 10,100,000 and retirement allowances of KRW 3,792,972 to F who retired from the said workplace from office from October 15, 2014 to January 4, 2016, respectively, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

"2018 Highest 378"

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Reporting on the results of investigation to "2018 highest 1,303";

1. Statement by the defendant in court;

1. Certificates of trade name, results of business entities' inquiries, details of arrears;

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