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(영문) 대구지방법원 포항지원 2017.05.17 2016고단1180
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant 1180 of the 2016 Highest 1180 is the employer who runs the sanitary management business with the 20 full-time workers as the representative of the J (State)J located in the Posi-si, Northern-si.

1. An employer who violates the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, the Defendant, on January 1, 2016, did not pay KRW 61,163,118, in total, to 11 workers in attached crime sight table (excluding No. 2 and No. 7 a year) (i.e., 925,354, Nov. 1, 2015) (i.e., wages of KRW 61,163,118, from the date of retirement, within 14 days from the date of retirement without any agreement on extension of payment deadline between the parties.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, the Defendant, on January 1, 2016, did not pay KRW 89,273,214, in total, nine retirement allowances in the Schedule of Attached Crimes (1), such as K retirement allowances of KRW 4,753,929 (excluding No. 2 and No. 7 a. 2 and No. 7 a year), within 14 days from the date of retirement without any agreement on the extension of payment period between the parties.

The defendant 132, "2017 Highest 132," is the representative director of JJ, a corporation located in Posi-gu I, North Korea, and is an employer who runs sanitary management business using 20 full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, the Defendant, who retired from the J on September 1, 2016, did not agree on the extension of the payment date between the parties, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

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