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(영문) 대구지방법원 서부지원 2015.07.22 2015고정601
근로기준법위반등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of Daegu-gu C Co., Ltd. located in B, and is the user who has operated the business of manufacturing inspection machinery parts.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the defendant works in the above workplace.

Withdrawn’s wages of KRW 4,370,960 ( KRW 500,00,000, KRW 1,370,960, KRW 2500,000, KRW 25000, KRW 1,370,960, KRW 2000, KRW 25000, KRW 1,370,960) and E (Membership on May 8, 2002, KRW 8,537,090 ( KRW 35,00, KRW 3535,000, KRW 3537,000, KRW 1,837,090, KRW 12,908,050) were not paid within 14 days from the date of retirement without agreement on extension of the payment period.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay the retirement benefits of D KRW 5,102,730 and E KRW 43,109,40 in total, and KRW 48,212,130 in total within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of D;

1. Each written calculation of retirement allowances (D, E);

1. Application of Acts and subordinate statutes on a petition;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, each of the choice of punishment, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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