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(영문) 대구지방법원 2014.10.08 2014고정1806
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the actual representative of C Co., Ltd. in Daegu Suwon-gu building B and is an employer who runs a construction business using four full-time workers.

1. The Defendant in the liquidation of money and valuables at the above workplace shall work as the head of the general affairs division from September 17, 2012 to November 15, 2013.

Withdrawn’s 700,000 won paid in October 2013, and 1,350,000 won paid in November 2013, and 2,050,000 won paid in November 2013, without any agreement between the parties on the extension of the due date, within 14 days from the date of retirement.

2. The Defendant, who entered the office on September 17, 2012 and works as the chief of the office in charge of general affairs, immediately dismissed D on November 13, 2013, and immediately paid 2,700,000 won equivalent to the ordinary wage for 30 days under the advance notice of dismissal as a result of the advance notice of dismissal on November 13, 2013.

3. The Defendant who is not paid a retirement allowance shall work as the chief of the office of general administration from September 17, 2012 to November 15, 2013 at the above workplace.

A retired retirement allowance of KRW 2,706,430 was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; Article 110 Subparag. 1 and Article 26 of the Labor Standards Act;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant deposited the unpaid amount as stated in the facts constituting the crime in the judgment and received all the above amount.

However, in 2005, the defendant was sentenced to a suspended sentence for 6 months by imprisonment for a violation of the Road Traffic Act.

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