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(영문) 대구지방법원 2014.06.18 2014고정57

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.

Reasons

Punishment of the crime

The defendant is the representative of the Do Education Center located in Daegu-gu C, who is an employer who conducts educational service business (including funeral instructor training) with eight regular workers.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, the defendant works in the above workplace.

The amount of KRW 1,932,00 on March 3, 2013 retired on May 3, 2013; KRW 5,348,00 on April 2013; and KRW 7,700,000 on May 3, 2013; and KRW 420,70,000 on May 3, 2013, was not paid until 14 days after the date of retirement without agreement between the parties to the payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each contract;

1. Application of Acts and subordinate statutes to the work status ledger (Evidence No. 15);

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

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