logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2019.05.10 2018고단610
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for 3 years from the date of the conclusion of the judgment.

(e).

Reasons

Punishment of the crime

The defendant of "2018 Highest 610" is a person who actually runs a stock company F in Gunsan-si E, and employs nine full-time workers to run a manufacturing business of reinforcing bars.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 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 February 21, 2017 to November 30, 2017, did not pay the total amount of KRW 19,390,380 for seven retired workers as shown in attached Table 1, 1, 3, 4, 5, 8 to November 31, 2017, including KRW 2,093,280 for workers G retired from office, within 14 days from the date of retirement without agreement on the extension of the due date between the respective parties.

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 the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing place of business from June 13, 2016 to November 30, 2017, had been employed in the said place of business and had retired workers from the said place of business from November 30, 2017, and had not paid KRW 34,256,063, including KRW 3,154,916, and [Attachment 1] No. 3,4,5,10, and 11, for five retired workers, within 14 days from the date of retirement without any agreement on the extension of the due date between the respective parties.

3. On April 10, 2017, F Co., Ltd., the Defendant of occupational embezzlement, entered into a service contract for the supply of steel materials and the processing of steel products with respect to the L Works ordered by I Co., Ltd., the victim J Co., Ltd., and KJ, and according to the said contract, the victim J Co., Ltd.

arrow