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(영문) 대구지방법원 안동지원 2013.10.10 2013고정156 (1)

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, as the representative of the C Stock Company B at Ansan-si, is an employer who is operating a construction business with nine full-time workers.

When a worker retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned about the extension of the due date for the payment.

Nevertheless, the Defendant did not pay KRW 350,000 on April 28, 2012, wages of KRW 350,000, which was retired from the said workplace on April 28, 2013, within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, without any agreement between the parties

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to confirm facts, such as telephone, etc. (in the face of 112 pages of investigation records), and to inquiries about labor status by day worker;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Penalty fine of 300,000 won to be suspended of sentence;

1. Articles 70 and 69(2) of the Criminal Act for the inducement of a workhouse (50,000 won by day);

1. Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1119, Jan. 1, 2011>