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(영문) 대구지방법원 경주지원 2017.05.17 2016고단188

근로기준법위반등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2016 Height 188] The Defendant is a representative operating H in racing G, and the user who conducts the business of manufacturing motor vehicle parts by using ten full-time workers.

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

Nevertheless, the Defendant did not pay the amount of KRW 661,40 and retirement allowances of KRW 2,474,980 on September 6, 2014 as wages of KRW 661,40 and retirement allowances of KRW 2,474,980 on September 6, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. The accusation statement (I), petition statement (I), receipt, certificate of employment change of foreign workers, etc., details of benefits, and account transaction details (I) application of the relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged [2016 Height 188] The Defendant is a representative operating H in racing G, who employs ten full-time workers and operates automobile parts manufacturing business.

(a) 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 is working in the above workplace and retired on October 1, 2014, and paid 400,000 won on July 1, 2015, as well as 9,103.2, C, D, and E’s total wage as stated in the details of money in arrears in the attached Form.