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(영문) 대구지방법원 2014.06.25 2014고정604
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a representative of the Ccafeteria located in Busan Metropolitan City, and is an employer who runs a restaurant using four full-time workers.

From April 1, 2013, the Defendant has been working under the care of alone in the above workplace.

Workers D, retired on May 6, 2013, worked on April 2013 as wages of 410,000 won, and on the ice from April 12, 2013 to April 6, 2013.

Workers E retired on May 6, 2013, has worked for 512,400 won in April 2013, and from April 12, 2013 to neglected work.

Workers F, retired on May 6, 2013, have worked for 512,400 won in April 2013 and for 6 June 2012.

Workers G retired on July 26, 2013, paid 1,60,000 won for June 2013, and 1,338,373 won for wage in July 1, 2013 and retirement allowance of 1,60,330 won, and 5 July 2013.

On July 29, 2013, an employee retired on July 2013, H’s total of KRW 4,348,130, including KRW 300,000 on July 201, did not extend the due date by an agreement between the parties and did not pay each amount within 14 days from the date of retirement when the cause for the payment occurred.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, G, and H;

1. Application of the respective Acts and subordinate statutes of the E, D, F, G and H

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which relate to facts constituting an offense;

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

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