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(영문) 대구지방법원 포항지원 2013.11.15 2013고정560
근로기준법위반등
Text

Defendant shall be punished by a fine of three 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 is a D representative in South-gu C at port and is a business owner who engages in resource recycling business using six full-time workers.

When a worker retires, the employer shall pay the retirement allowance within 14 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 December 31, 2002 to December 15, 2012.

Retirement allowances of retired workers E, 25,210,568 won, and from June 15, 2006 to December 15, 2012.

Withdrawn F's retirement pay of KRW 12,716,242 was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to report the place of crime and obtain internal data;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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;

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

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