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(영문) 대구지방법원 경주지원 2017.11.01 2016고단935
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant, as the representative of the C Company D at the time of racing, is an employer who engages in the manufacturing business by employing nine full-time workers.

(a) 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 2,177,890 on March 3, 2016, which was retired on May 31, 2016, as well as KRW 57,561,100 on the total amount of wages of 11 workers, as shown in the attached Table of Crimes, including KRW 90,310, total amount of annual paid leave allowances, KRW 30,727,026 on the date of payment between the parties, without agreement on the extension of the day of payment between the parties.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

Nevertheless, the Defendant did not pay KRW 33,370,290 of the retirement pay of E retired on May 31, 2016, within 14 days from the date of retirement, which is the date of payment, without an agreement between the parties on the extension of the date of payment between the parties, as well as KRW 102,470,310 in total, as shown in the Schedule of Attached Crimes (1), as in the previous Schedule of Crimes (1), within 14 days from the date of retirement, which is the date of payment.

2. The non-paid Defendant, such as wages, etc. to employees of F Co., Ltd., is the representative of F Co., Ltd. at the time of racing, who employs nine full-time workers and engages in the manufacturing industry.

(a) An employer who violates the Labor Standards Act;

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