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(영문) 대구지방법원 서부지원 2020.01.16 2019고정208

근로기준법위반

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 an operator of C in Daegu-gun Group B, who runs a manufacturing business with five regular workers.

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

The defendant is working for the above company from November 7, 2018 to January 5, 2019.

A retired worker D’s wage of 1,400,000 won on November 2018, 2018, wage of 2,210,000 won on December 2018, 2018, wage of 510,000 won on January 2019, and work from October 27, 2018 to December 9, 2018.

A retired worker E’s wages of KRW 2,255,00 on November 1, 2018, and KRW 1,190,000 on December 2018, 2018 were not paid within 14 days from the date of the retirement without any agreement on the extension of the payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the representative of the police about D;

1. Statement of the representative of the police appellant against D;

1. Application of Acts and subordinate statutes to the accusation- the list of complainants and the list of petitioners-Appellants;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); and the choice of fines for criminal facts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;