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(영문) 대구지방법원 김천지원 2013.04.25 2013고단101

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:10 on December 27, 2012, the Defendant driven B-low-car under the influence of alcohol concentration of 0.096% on the front of the Ganpo Regional Maritime Port Authority located in the Ganpo Regional Maritime Port Authority.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the state of drinking drivers, reports on the state of drinking drivers, and reports on the state of standing statements, and regulations governing drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The gist of the facts charged is that the Defendant is the representative of the company C in the old and the employer who is engaged in a manufacturing business with 30 regular employees.

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, and when the worker retires, he/she shall pay the retirement allowances within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the foregoing workplace, did not pay the total of KRW 5,221,250 and retirement allowances of KRW 5,229,020 from June 1, 2012 to August 2012, 2012, within 14 days from the date of retirement without agreement on the extension of the due date between the parties, and did not pay the total of KRW 5,221,250 and retirement allowances of KRW 5,229,020 within 14 days from the date of retirement, as stated in the details of the money and valuables in attached Form 42.

2. The facts charged pertaining to this part of the judgment are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which are clearly indicated by workers under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee