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(영문) 대구지방법원 2014.01.08 2013고정2811

근로기준법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of Daegu Jung-gu, who is a user who employs six full-time workers and operates printing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days, unless there exists any agreement between the parties on the extension of the fixed date from the time when the cause for such payment occurred.

The Defendant is providing labor from December 1, 2011 to March 6, 2013 at the same place of business.

The retired worker D's wages of 300,000 won in January 2013, and the wages of 417,850 won in February 2013 and retirement allowances of 1,645,470 won in February 2013, were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to average wages and retirement allowance calculation statement;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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;