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(영문) 대구지방법원 안동지원 2019.02.19 2018고단615
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, as the actual representative of the “Agricultural Company C” business place located in the permanent residence B, is an employer who runs meat packaging business by ordinarily employing 12 workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act 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 KRW 14,936,168 of wages from July 2017 to April 2018 of the workers D, who worked in the above workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, and did not pay KRW 108,40,028 of the total wages of 14 persons who worked in the above workplace and retired from the above workplace within 14 days from the date of retirement without an 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

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

Nevertheless, the Defendant did not pay KRW 4,861,688 of the retirement allowances of the employee D who worked in the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the due date, and did not pay KRW 37,394,663 in total, including 11 retirement allowances of the employee D, E, F, G, H, I, H, I, K, K, L, M, and N, as described in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D orO;

1.The statute of the N and P’s petition.

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