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(영문) 대구지방법원 김천지원 2017.06.09 2017고정166
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a user who uses 22 full-time workers as the representative director of the corporation C in the old and US City, and conducts manufacturing business (production of a meter board of heavy equipment).

1. When a worker dies or retires, the employer shall pay the wages, compensations, and 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, on September 23, 2016, the Defendant did not pay KRW 1,771,246 in total, and KRW 1,778,073 in annual allowances in 2015, including annual allowances of KRW 925,944 in 2015, annual allowances of KRW 872,61,628 in 2016, total amount of money and valuables of KRW 4,437,874 in 2,628 in 2016, without agreement on the extension of the payment date between the parties.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

The date may be extended by mutual agreement between the parties in the event of a majority or a special reason.

Nevertheless, the Defendant did not pay KRW 6,709,263 of the retirement allowance of retired workers D on September 23, 2016 at the above workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing resignation and entire registered matters;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts (the fact that wages, etc. are not paid) and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (the fact that wages, etc. are not paid)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. A fine of 300,000 won to be suspended; and

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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