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(영문) 대전지방법원 홍성지원 2014.12.10 2013고단779
근로기준법위반등
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a representative of C in the second floor of building B, who employs three full-time workers.

When a worker dies or retires, an employer shall pay all money or valuables, such as wages, retirement allowances, etc., within 14 days after the cause for such payment occurred.

1. The Defendant is working as an English instructor from November 5, 2012 to April 26, 2013 in the above workplace.

The wages of KRW 320,00 for the month of December 2012, the wages of KRW 2,100,000 for the month of January 2013, the wages of KRW 2,100,000 for February 2013, the wages of KRW 2,10,000 for March 3, 2013, the wages of KRW 2,820,00 for April 2013, and the wages of KRW 8,440,00 for April 20 shall not be paid within 14 days from the date of occurrence of the cause for the payment, without any agreement between the parties to the extension of the due date.

2. The Defendant committing the crime related to E is working as an English instructor from October 10, 201 to April 26, 2013 at the above workplace.

A retired worker E’s 100,000 out of the monthly wage for July 2012, 100,000 out of the monthly wage for August 2012, 1,50,000 of the wage for March 2013, and 1,50,000 of the wage for April 2013, and 850,000 of the wage for April 2013, and 4,050,000 of the retirement allowance and retirement allowance and 1,407,840 of the wage for May 10, 2013 agreed on the extension of the payment period between the parties.

3. The Defendant committing a crime relating to F is working as an English instructor from around December 10, 201 to April 19, 2013 at the above workplace.

50,000 won, wage of February 2013, wage of 1,50,000, wage of February 2013, wage of 1,50,000,000 won for March 2013, wage of 1,50,000, wage of April 2013, and wage of 650,000 won for May 2013, 2013, and wage of 650,000 won for retirement allowance and retirement allowance of 741,750 won until May 10, 2013 agreed on the extension of the payment term between the parties.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each petition of D and E;

1. A written statement of confirmation of trade name D;

1. A representative statement of E;

1. A written statement of average wages and retirement allowances;

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