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(영문) 대구지방법원 2013.06.20 2013고정796
근로기준법위반등
Text

Defendant shall be punished by a fine of two 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 a person who is an actual manager of the KF vocational skills development training center (Gu FF vocational technical school) in the KGG-si Seoul Special Metropolitan City, and the EP-si Special Metropolitan City D, and is an employer who conducts vocational training by employing five full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, accident compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

Provided, That if there are special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, the defendant works in the above workplace.

On November 28, 2012, G wage of KRW 9,265,50,00 retired on November 28, 201 was not paid within 14 days from the date of retirement when the cause for payment occurred without extending the due date by mutual agreement between the parties, due to special circumstances.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.

Nevertheless, the defendant works in the above workplace.

On November 28, 2012, G retirement pay 6,228,927, which was retired on November 28, 2012, did not extend the due date under the agreement between the parties concerned, and did not pay it within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A complaint;

1. Application of Acts and subordinate statutes of an investigation report;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 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. The order of provisional payment;

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