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(영문) 대구지방법원 경주지원 2016.09.07 2015고단919

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of C in racing-si, who is engaged in the manufacturing business by employing 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.

Nevertheless, the Defendant, while working in the above workplace and retired on January 18, 2015, did not pay KRW 4,440,000 as wages of December 12, 2014, without an agreement between the parties on the extension of the payment date between the parties, within 14 days from the date of the due date, and did not pay KRW 57,206,00 for the total wages of 15 workers within 14 days from the date of the due date without an agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. Application of Acts and subordinate statutes to a copy of the calendar containing a detailed statement of overdue wages, each written complaint, each accusation, each basic summary and calculation statement, a copy of a business registration certificate, a copy of a contract, five copies of a labor contract, an attendance date, and labor records for each individual;

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

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 (the amount of overdue wages shall be a relatively large and the fact that the injured workers have not paid all the overdue wages, etc. shall be determined as per an order) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;