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(영문) 대구지방법원 2015.05.28 2014고단4123
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the employer who has actually managed D Co., Ltd. located in Daegu Jung-gu.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay him/her wages within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the foregoing D from December 5, 2012 to August 5, 2013, and did not pay 63,074,410 won, including 330,000 won on February 2, 2013 of retired workers E, as stated in the detailed statement of the money and valuables in arrears in the attached Form, within 14 days from the date of retirement without agreement on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant worked in the foregoing D from August 1, 2012 to November 8, 2013, but did not pay 8,006,420 won, including 3,203,230 won of retired workers F' retirement pay to employees, within 14 days from the date of retirement without an agreement on extension of the due date, as stated in the detailed statement of the attached money and valuables in arrears.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness G, F, E, H, I, and J;

1. A written confirmation of delayed payment of wages;

1. Each benefit ledger;

1. The term "employer" under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act as to whether an employer is an employer under each standard labor contract (investigative records 37-40), refers to an employer, a person in charge of business management, and other persons who act on behalf of an employer with respect

(Article 2(1)1 of the Labor Standards Act and Article 2 subparag. 2 of the Guarantee of Workers' Retirement Benefits Act. Determination of who is liable for the payment of wages and retirement allowances for any worker shall be based on actual labor relations regardless of the type of contract or the contents of relevant laws and regulations, and determination of this shall be made.

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