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(영문) 대구지방법원 2015.11.20 2015고정1148

근로기준법위반등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the user who operates the restaurant business using one full-time employee, who is a representative operating the restaurant located in Daegu Dong-gu C and the same Gu D, the G principal store located in the same Gu F, and the I restaurant located in the same Gu H.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

However, in special circumstances, the date may be extended by mutual agreement between the parties.

The Defendant, from January 28, 2013 to November 27, 2013, did not pay KRW 1.3 million out of the wages of his/her retired worker J in November 2013, within 14 days from the date of his/her retirement, without any agreement between the parties on extension of the due date for payment.

B. The Defendant, from September 10, 201 to November 27, 2013, did not pay KRW 7.8 million in total, from around September 10, 2010 to around November 27, 2013, as of the date of his/her retirement, within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the due date for payment between the parties, on the part of his/her retired worker J from around 201 to around 2013.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

The Defendant worked in the E-cafeteria located in Daegu Dong-gu, Daegu, from December 5, 2010 to March 4, 2012, and had not paid KRW 988,469 of retirement allowances of retired workers J within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. The period of employment as the complainant; and