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(영문) 대구지방법원 2014.10.16 2014고정1071

근로기준법위반

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 shall be one day.

Reasons

Punishment of the crime

The Defendant is an individual entrepreneur residing in Daegu-gu C 101 Dong 102(D) and is an employer who runs a construction business with five full-time employees in the “F,” etc. located in Gyeongcheon-si, Sejong-si.

When a worker dies or retires, the employer 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 from May 1, 2013 to the above workplace.

8. As employed until 25.

The retirement G did not pay KRW 2,730,000 in total, including wages of KRW 2,080,000 on May 2013, 2013, and wage of KRW 650,000 on August 2013, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness G's statutory statement;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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

1. The Defendant asserted that the Defendant and the defense counsel claim regarding the provisional payment order under Article 334(1) of the Criminal Procedure Act were employed by the owner at each construction site of this case and they did work together with G, and they are not users of G.

The term “employer” provided for in Articles 109 and 36 of the Labor Standards Act refers to an employer, a person in charge of business management, or any other person who acts on behalf of an employer with respect to matters relating to workers (Article 2(1)2 of the Act). The term “any other person who acts on behalf of an employer with respect to matters relating to workers” refers to a person who is given certain authority and responsibility from an employer with respect to matters relating to the determination of working conditions, such as personnel affairs, wages, welfare, labor management, etc., or orders, direction, or supervision of duties

Supreme Court Decision 200