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(영문) 대구지방법원 경주지원 2015.10.28 2014고단30
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the attached list of crimes (1) No. 2014 high group30 shall be 1.

Reasons

Punishment of the crime

On June 11, 2015, the Defendant was sentenced to four months of imprisonment with prison labor at the Ulsan District Court for embezzlement, and the judgment became final and conclusive on June 19, 2015.

The defendant is the representative of the C Company B in racing-si, who runs the manufacturing business of industrial machinery using 20 full-time workers.

When a worker retires, the employer shall pay the retirement allowance within 14 days from the date when the cause for such payment occurred, unless the date is extended by mutual agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant did not pay KRW 4,678,903 of retirement allowances of retired workers D around July 1, 2012 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

[Attachment 5] The defendant is an employer who engages in the manufacturing of industrial machinery by employing 15 full-time workers as the representative of (ju) E and C companies located in 2014 large-scale 428 on a year.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 4,897,120 to 14 days from the date of retirement as of October 10, 2013 to December 8, 2013 of workers F, who worked in the above company from October 10, 2013 to December 8, 2013, without an agreement on extension of the due date between the parties.

In addition, from August 25, 2013 to February 2014, the Defendant did not pay KRW 131,33,812 in total, 35 employees of the said company in the above manner, as shown in the list of crimes (2) as shown in the attached Table of Crimes (2).

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 4,740,100,000,000 from the above company to March 1, 2014, within 14 days from the date of retirement as the date of payment, without any agreement between the parties on the extension of the due date.

In addition, the Defendant’s aforementioned from the above date to March 1, 2014 as shown in the list of crimes (2).

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