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(영문) 대구지방법원 김천지원 2018.04.12 2017고단1706
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who runs gold-type manufacturing business using 30 full-time workers as the representative director of E Co., Ltd. in old and American City D.

On November 30, 2016, the Defendant was sentenced to a suspended sentence of two years on August 8, 2016, due to a violation of the Labor Standards Act in the Daegu District Court Kimcheon Branch of the Daegu District Court, and became final and conclusive on December 8, 2016.

"2017 Highest 1706"

1. Violation of the Labor Standards Act to workers F, and violation of the Labor Standards Act to guarantee workers' retirement benefits;

(a) An employer who has not prepared the working conditions in writing shall clearly state the working conditions prescribed by the Labor Standards Act, such as wages and the prescribed working period, in concluding a contract for employment, and shall deliver the written statement specifying the above matters to the worker;

Nevertheless, on October 1, 2010, the Defendant was employed from around October 1, 2010 to around October 30, 2017 and engaged in gold-type development business, etc., and entered into a labor contract with F and retired workers on October 31, 2017, and did not specify the working conditions, and did not deliver a document stating the above matters.

(b) Where a worker dies or retires, the employer unpaid the wages shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless otherwise agreed by the parties.

Nevertheless, on October 31, 2017, the Defendant did not pay the total of KRW 16,490,450,000 from July 2017 to October 2017, as above, to the effect that 14 days have elapsed from the date of retirement.

(c)

Where a person who has worked for a retirement allowance retires, the unpaid employer shall pay the retirement allowance within 14 days from the time when the grounds for payment occur, unless agreed by the parties.

Nevertheless, on October 31, 2017, the Defendant did not pay KRW 27,283,017 of the F's retirement allowance of retired workers to the lapse of 14 days from the date of retirement.

2. An employer who violates the Labor Standards Act in relation to G workers shall be dead or retired;

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