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(영문) 대구지방법원 경주지원 2017.06.14 2016고단938
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2016 Highest 938] The Defendant is a user who runs a construction business in D located in P at the time of racing.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 66,677 on January 1, 2016, as well as KRW 17,730,732 in total, including the wages of four workers, within 14 days from the date of retirement, which is the day of payment, without an agreement on the extension of the payment period between the parties, as well as the payment of KRW 66,67,00 on July 1, 2016, within 14 days from the date of retirement, which is the day of payment, as shown in the [Attachment 2-5] Nos. 2 through 5 of the daily list of crimes.

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 KRW 4,866,023 of E's retirement pay retired on July 1, 2016 within 14 days from the date of retirement, which is the date of payment, without an agreement between the parties on the extension of the payment deadline.

[2017 Highest 27] The Defendant is a representative of D in the racing-si, who is a user who runs a construction business.

When a worker retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 8,954,463 of the F's retirement allowance retired on July 1, 2016, and KRW 6,643,060 of the G's retirement allowance retired on January 1, 2016 within 14 days from the date of retirement, which is the date of payment, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

[2016 Highest 938]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Earned income;

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