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(영문) 대구지방법원 2014.08.20 2014고정1561
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the C cafeteria located in Daegu Northern-gu B, A, 104, who operates a general restaurant business with two regular workers employed.

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

Nevertheless, the defendant is working from July 1, 2012 to August 31, 2013 at the above workplace.

A retired worker D’s total of KRW 2,700,000 on July 7, 2013, and KRW 1,700,000 on August 2013, 2013, did not pay KRW 2,700,000 on the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. A protocol concerning the examination of suspect of a police officer;

1. A written statement designated as D;

1. Application of Acts and subordinate statutes to an investigation report (verification of whether it is implemented);

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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