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(영문) 대구지방법원 경주지원 2013.09.10 2013고단303
근로기준법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the representative director of D Co., Ltd. in the racing-si, is an employer who has carried out the construction of reinforced concrete in the “F Park Access Corporation” in the G, etc. of the racing-si, by using ten regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred, unless the date is extended by mutual agreement between the parties concerned, in special circumstances.

Nevertheless, as indicated in the attached Table No. 4, the Defendant did not pay the total amount of KRW 6,950,000,000 from his/her retired worker G around October 24, 2012 at the same place of business, as indicated in the attached Table No. 4, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties to the extension of the payment

Summary of Evidence

1. Legal statement of witness G;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative director of the D Co., Ltd. in the facts charged, is the user who runs a reinforced concrete construction work of “F Park Access Road Construction Work” in the race-si E, racing-si, using ten regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred, unless the date is extended by mutual agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant did not pay KRW 1.6 million to retired workers H on November 15, 2012 at the above workplace on September 2012, 2012 and attached list of crimes.

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