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(영문) 대구지방법원 서부지원 2019.05.08 2018고단1743
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six 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 is the representative of the Dispute Resolution Co., Ltd. in Gyeonggi-do Senior Group B, and is an employer who runs meat processing business using eight full-time 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from January 15, 2015 to November 16, 2017, did not pay the amount equivalent to KRW 19,82,714, including KRW 3,00,00,00 of the wages of the retired workers D on September 9, 2017, as stated in the attached crime list, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, when a worker retires, pay him/her within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant, at the same place of business, worked from January 15, 2015 to November 16, 2017 at the same place of business, and did not pay an amount equivalent to the total of KRW 36,005,558 of the five retirement allowances as indicated in the attached crime list, including KRW 9,950,577 of the retirement allowances of retired workers D on November 17, 2017, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. Each written petition;

1. The application of each statement of calculation of average wages and retirement allowances (D, F, E, G, H), each retirement allowance calculation result (D, H, F, G), the salary statement on November 1, 2017 (D), the payment record on December 2, 2017, the payment statement on December 12, 2017, the details of benefits (G), and the details of confirmation of facts, such as telephone (A, and D);

1. Each relevant Article of the Act concerning criminal facts;

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