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(영문) 대구지방법원 2014.10.16 2014고단4155
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the employer who has operated C in Daegu Dong-gu B, the company located in B.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay him/her wages within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the above Section from September 25, 2001 to June 1, 2012, and did not pay 36,000,000 won in total, as stated in the detailed statement of the money and valuables in arrears in the attached Form, as well as 1,00,000 won in May 1, 201, of retired workers D, within 14 days from the date of retirement without agreement on the extension of the due date.

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

Nevertheless, the defendant did not pay the retirement allowance of KRW 14,524,270 within 14 days from the date of retirement without agreement on the extension of the date.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed in D;

1. Examination protocol prepared by judicial police officers in relation to D;

1. Application of Acts and subordinate statutes of a retirement allowance calculation statement;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (a point of which payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) has no previous conviction or fine for the defendant; Article 62 (2) of the Criminal Act provides that the defendant has not been paid wages and retirement allowances to workers due to his/her failure to pay the work price properly by his

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