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(영문) 대구지방법원 2013.06.12 2013고정69

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant is an employer who operates a taxi company with the trade name of D Co., Ltd. (45 regular employees, hereinafter referred to as “D”) and E Co., Ltd. (60 regular employees, hereinafter referred to as “E”).

1. A defendant who violated the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act due to a failure to perform his/her duty to liquidate money and valuables in the above E.

On September 6, 2011, an employee retired from office did not pay 7,486,170 won of F's retirement pay within 14 days from the date of retirement without an agreement on extension of the due date, and is working in the workplace above.

On October 31, 2009, employees G were not paid KRW 13,944,44 respectively within 14 days from retirement without any agreement on extension of the due date for payment, as shown in the attached Table of Crimes (1), including KRW 131,190 in annual paid leave allowance of 2009 for workers G retired on October 31, 2009.

2. On February 10, 2009, the Defendant violated the Labor Standards Act due to the failure to pay wages did not pay KRW 151,655 on the fixed date (the 10th day following the date of occurrence) of the worker H’s annual paid leave allowance in 2009, and did not pay KRW 3,961,567 on the fixed date as shown in the attached Table of Crimes (2).

3. A collective agreement for the violation of the Labor Union and Labor Relations Adjustment Act shall be prepared in writing and sealed by both parties, and shall not violate the provisions concerning wages, facilities, convenience, etc. among the contents of the collective agreement concluded accordingly;

A. On February 15, 2011, the Defendant violated the D collective agreement by delegating the right to enter into a collective agreement on D with the IF to enter into a collective agreement with the Daegu Regional Headquarters of the JF. Article 12 Subparag. 1 of the said collective agreement provides that the “AF would have requested a union member’s and a higher organization’s union member’s union members to pay wages.”