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(영문) 대구지방법원 경주지원 2017.11.23 2016고단904
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative of C in racing city from around 2009 to June 2015, the Defendant is a full-time user who employs 10 full-time workers as the representative of D in the same place.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

A. Nevertheless, the Defendant did not pay KRW 1,600,000 on April 1, 2015, which was retired on June 1, 2015, within 14 days from the date of retirement, which was the day of payment, without an agreement between the parties on the extension of the day of payment between the parties, and the total amount of KRW 14,470,000, which was the sum of four employees’ four wages, as described in the attached Table No. 1-4, as described in the attached Table No. 1-4, without any agreement on the extension of the day of payment between the respective parties.

B. Nevertheless, the Defendant did not pay KRW 395,00 on February 15, 2016 of FF’s wages on December 12, 2013, which was retired on February 15, 2016, within 14 days from the date of retirement, which was the date of payment, without an agreement on the extension of the date of payment between the parties, as indicated in the [Attachment 5-12] Nos. 5-12, the total amount of eight employees’ wages, 48,948,229 won, and the total amount of KRW 6,510,000,000, which was the date of payment, within 14 days from the date of retirement, respectively, without any agreement on the extension of the date of payment between the parties.

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

Nevertheless, Defendant 1 worked at the workplace of the above corporation D, and 9,417,452 won of F's retirement pay retired on February 16, 2014.

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