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(영문) 대구지방법원 2016.03.31 2015고단5918
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, “2015 Highest 5918,” as the representative of D Co., Ltd. located in the 3rd floor of Daegu-gu, Daegu-gu, the Defendant is an employer who employs 47 full-time workers and operates a station business for parking at the F Hospital located in Daegu-gu E (including dental hospitals) and the H hospital located in Daegu-gu, Daegu-gu.

(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;

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

Nevertheless, the defendant was working as a parking supervisor from May 8, 2015 to September 30, 2015 at the above workplace, and did not pay KRW 2,112,604 of retired workers I in September 1, 2015, as well as KRW 15,850,832 in total amount of wages for September 2015, as in the attached crime list (Ⅰ), as in the attached crime list (Ⅰ), within 14 days from the date of retirement, and did not pay KRW 15,850,832 in total within 15,00 from October 1, 201 to September 30, 2015, and did not pay KRW 15,850 in total within 36 days from the date of retirement to 30 days from September 10, 2015, and did not pay KRW 15,500 in total within 20 days from September 1, 2015 to 305.5 days of retirement allowances (Ⅱ).

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the defendant is working as a parking management officer from April 13, 2012 to September 30, 2015 at the above workplace.

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