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(영문) 대구지방법원 경주지원 2017.03.22 2015고단926
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

The defendant is the representative of C in racing-si, who is engaged in the manufacturing business by employing 12 full-time workers.

[2015 Highest 926]

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 1,00,000 of wages of KRW 1,00,000 on January 1, 2015 of 2015 to employees D, who worked in the above workplace and retired on May 1, 2015, 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, as stated in the attached Table 1 of Crimes.

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 KRW 10,545,930 of retirement allowances of retired workers D on May 1, 2015, and KRW 27,597,520 of retirement allowances of retired workers E on March 13, 2015, and KRW 27,597,520 of retirement allowances of retired workers on December 7, 2014, within 14 days from the date of retirement without any agreement on the extension of the payment period between the respective parties.

[2015 Highest 997]

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 420,000 on March 31, 2015 of G workers G retired on March 31, 2015 within 14 days from the date of retirement, which is the date of payment, without agreement between the parties on the extension of the payment deadline.

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