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(영문) 대구지방법원 2016.09.21 2016고정472

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

[Criminal Records] On April 21, 2016, the Defendant was sentenced to imprisonment with prison labor for six months in the Daegu District Court for the crime of embezzlement, and the judgment became final and conclusive on the 29th day of the same month.

[Criminal facts] The Defendant is an employer who provides service as an operator of C, a corporation located in Daegu Northern-gu B.

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.

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

Defendant 1 worked from February 23, 2015 to August 31, 2015 at the same place of business, Defendant D had not paid 38,675 won in April 1, 2015, wages of 16,080 won in May 1, 2015, wages of 1,579,280 won in June 2015, wages of 1,579,289,280 won in July 2015, wages of 1,759, 280 in total, wages of 1,759, 280 won in August 2015, without agreement between the parties on the extension of payment dates.

Defendant E, who had worked from February 6, 2015 to May 8, 2015 at the same place of business, had not paid the total of KRW 19,004,350 for seven retired workers as indicated in the attached Table of Crimes, including KRW 1,60,000 for April 2015, as well as KRW 19,000 for seven retired workers, without agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

"2016 High 472"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written agreement, a detailed statement of salary, and a detailed statement of transactions "2016 high-level 919";

1. Part of the defendant's legal statements;

1. Each legal statement of witness F, G and H;

1. Each police statement made to E and I;

1. Written statements of J and H;

1. Telephone statement;

1. The detailed statement of salary between April and May 2015, the attendance record, a copy of the business registration certificate on February and June 2015, each annual salary contract, each employment contract, inquiry into the details of transactions, the detailed statement of payment in April, 205, and the detailed statement of salary in May and July, 2015, respectively.