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(영문) 대구지방법원 2015.07.17 2014고정2611
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an individual entrepreneur who employs ten full-time workers and runs cargo transport business without a special trade name or name.

When a worker dies or retires, the employer shall pay the wages, accident compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked as a cargo driver from June 18, 2009 at the above workplace, and did not extend the due date by mutual agreement between the parties and did not pay KRW 2,970,000 of the annual paid leave allowance of the employee C retired on December 15, 2012 within 14 days from the date of retirement when the cause for the payment occurred.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. C’s legal statement;

1. Application of Acts and subordinate statutes governing work days;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 (1) 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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