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(영문) 대구지방법원 김천지원 2018.05.31 2016고단1605
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is the representative of G Co., Ltd. in the Gu and USF, who ordinarily employs five workers and operates an electric lighting device manufacturing business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within fourteen 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 around March 11, 2015, did not pay KRW 2,437,780 on September 201, 2014 of his retired employee H who worked in the said workplace and did not pay KRW 23,464,84 on the aggregate of the wages of workers H and I within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties concerned, and without any agreement on the extension of the payment date between the parties, as stated in the attached Table 1 and 2.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, on March 11, 2015, did not pay KRW 6,541,310 of the retirement allowances of H of retired workers in the said workplace without any agreement on the extension of the payment deadline between the parties, within 14 days from the date of the retirement, and did not pay KRW 9,69,439, total sum of 2 employees H and I retirement allowances within 14 days from the date of the retirement without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Each statement of H and I;

1. Details of unpaid benefits, calculation details of each retirement allowance, and reimbursement details;

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