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(영문) 대구지방법원 2015.09.24 2015고단2606
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is the actual manager of C in Daegu-si, Northern-gu, and is the user who runs the automobile maintenance business using 15 full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and 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 is working from October 1, 201 to January 29, 2015 at the above workplace.

The retirement D’s wage of KRW 10,509,030,000, including the wage of KRW 2,500,000 in December 2014, was not paid respectively within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as stated in Nos. 3 and 4.

(b) 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

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

Nevertheless, the Defendant is working from October 1, 201 to January 29, 2015 at the above workplace.

The retirement pay of 8,153,710 won, including the retirement pay of 8,153,710 won, and the total amount of 60,376,840 won of retirement pay of 4 retirement workers, as described in the sequence 3 through 6 of the detailed statement of personal delinquent money and valuables for each individual, was not paid within 14 days from the date of

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes to each average wage and retirement allowance calculation statement, and each statement of overdue money and valuables;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits.

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