logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2018.02.07 2016고단950
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative of C in racing-si, who is engaged in the manufacturing business by employing 28 full-time workers.

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;

Nevertheless, the Defendant did not pay KRW 2,066,715 on February 1, 2015, when working in the above workplace and retired from February 1, 2016, within 14 days from the date of retirement, which is the day of payment, without agreement between the parties on the extension of the day of payment between the parties, and did not pay KRW 94,079,503, including the total of KRW 20,000,000, including the wages of 20,079,503, as shown in the separate crime list, within 14 days from the date of retirement, which is the day of payment.

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, the defendant did not pay 4,216,200 retirement allowances of D's retirement allowance of February 1, 2016 to the above workplace and retired on February 1, 2016 within 14 days from the date of retirement, which is the date of payment, without any agreement between the parties on the extension of the payment period between the parties, and did not pay 58,332,800 won in total for 10 workers, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

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

1. Application of Acts and subordinate statutes, such as each accusation book, each basic outline, list of victimized workers and the statement of money and valuables in arrears of each individual, accusation book, each complaint book, copies of passbook, confirmation of acquisition and loss of eligibility for health insurance, average wages and retirement allowances calculation book, and written statements of retirement allowances;

1. Each of the relevant Articles of the Act concerning the facts of crime;

arrow