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(영문) 대구지방법원 2017.10.26 2016고정2688

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the three representative directors of the Daegu Jung-gu Seoul Building Co., Ltd., and the defendant is the employer who operates the manufacturing industry by employing 20 full-time workers at the work site of Sungwon-si E Co., Ltd. in Changwon-si.

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

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

The Defendant did not pay 12,89,511 won in total, including two workers’ wages, within 12,89,511 won, as indicated in the attached Form List of Crimes, in addition to the amount of wages of 1,020,000 won on April 10, 2016, when he/she worked in the Defendant’s place of business from around January 10, 2014 to April 10, 2016 as an official title at the Defendant’s place of business, and retired workers G, within 14 days from the date on which the cause for payment occurred, without

Summary of Evidence

1. Each statement of H and G;

1. Determination of whether a defendant or his/her defense counsel's assertion on the details of passbook transactions, written agreement, inquiry about the details of employment by the insured, facts, such as each telephone, average wages, and a statement of intent to pay retirement allowances (Evidence No. 27);

1. The defendant and the defense counsel in the determination of the worker G-related argument asserts that the worker G is a daily employee and the worker G has no obligation to pay annual allowances, since all of the expenses are included in the daily allowances.

In the case of a person who is formally employed but continues to be employed without interruption of a daily relationship, G is a commercial worker (see Supreme Court Decision 2004Da66995, April 28, 2006, Supreme Court Decision 67004, April 28, 2006). Since G continues to be employed for a considerable period of time without interruption of a daily relationship, it is a commercial worker.

In addition, without calculating the basic wage in advance, the sum of the allowances shall be determined as monthly wage or daily wage, or the specified amount per month shall be determined as the allowances.