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(영문) 대구지방법원 경주지원 2018.04.12 2017고단616
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] On July 9, 2009, the Defendant was issued a summary order of KRW 1 million for a violation of the Labor Standards Act in Daegu District Court racing support, and on April 9, 2014, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a violation of the Labor Standards Act at the Ulsan District Court’s Busan District Court’s Support on April 11, 2014, and issued a summary order of KRW 2.5 million for a violation of the Labor Standards Act on April 11, 2014, and on September 19, 2016, the Defendant was issued a summary order of KRW 3 million for a violation of the Labor Standards Act on the Guarantee of Workers’ Retirement Benefits. On October 31, 2016, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Labor Standards Act.

[2017 Highest 616] The Defendant, as the representative of the Co., Ltd. C at the time of racing, is an employer who runs the manufacturing business using approximately 15 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 42,187,430 in total, including KRW 31,147,600 and paid leave allowances of KRW 1,722,480 and paid leave allowances of KRW 31,147,60, and paid leave allowances of KRW 1,72,480 on October 1, 2016, within 14 days from the date of each retirement, as shown in the list of crimes in the attached Table.

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

Nevertheless, the defendant did not pay 4,63,490 won of D's retirement allowance of workers who were employed in the workplace of the above company on October 1, 2016 within 14 days from the date of his retirement.

[2017 Highest 696] The defendant is the actual representative of the Co., Ltd. C at the time of racing, who employs approximately 12 full-time workers, and operates the manufacturing business.

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