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(영문) 대구지방법원 경주지원 2015.05.27 2014고단851

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs the automobile parts manufacturing business by employing 20 full-time workers of the C Company in the real company in B at the time of racing.

Defendant is working at the above workplace.

D’s wage of KRW 700,000, which is a retired worker on May 18, 2014, was not paid within 14 days from the date of retirement, which is the due date, without any agreement between the parties to the labor contract on the extension of the due date.

In addition, the Defendant did not pay KRW 5,125,00 in total, as stated in the attached list of crimes Nos. 2, 7, and 9.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to the defendant, E, and F;

1. Application of Acts and subordinate statutes to the details of the petition, the details of the amount in arrears, the detailed statement of the retirement allowance calculation, the business registration certificate, the statement of the amount in arrears, the daily work cost ledger (from January to June 14, 13), the details of progress payment, each basic contract for subcontract for manufacturing each product, the certificate of closure, the certification of fact, the details of each individual's delayed payment, the entire certificate of registered matters, the status of progress payment, the current status

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, 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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Of the facts charged in the instant case, the summary of the violation of the respective Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act in the attached Table Nos. 1, 3 through 6, 8, 10 through 25, among the facts charged in the instant case, the Defendant is an employer who ordinarily employs 20 workers on a real basis of a company C in the racing-si, and engages in the automobile parts manufacturing business.

Defendant in violation of the Labor Standards Act shall work at the same workplace as written in attached Table 1, 3 through 6, 8, 10 through 25.

(b) retirement.