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(영문) 대구지방법원 안동지원 2016.12.20 2016고단548
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The defendant is the representative of D with the third floor location in the Gyeongbuk-gun C, and is the employer who operates a welfare facility for older persons with ten regular workers.

1. Delayed payment, etc. of wages to victims E and F;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the total amount of wages of 8,17,090 won, including the total amount of wages of 1,796,000 won in April 2016, and wage of 1,796,000 won in May 2016, and wage of 1,609,740 won in June 2016, as shown in attached Form 1 (excluding workers as indicated in the detailed statement of delayed payment, No. 1 and No. 5) of 2 workers, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant works in the above workplace.

The retirement allowance of retired workers E, including KRW 4,397,367, was not paid respectively within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as shown in the attached Table 1 Crime List (excluding workers as shown in the detailed statement of delayed payment, No. 1, 4, 5, and 6).

2. Wages delayed payment, etc. to the victims G and three other persons;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

However, if there are special circumstances, the agreement between the parties.

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