logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.07.24 2014고정328
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. located in Dongcheon-si and is a user who runs cleaning service business using 90 full-time workers.

1. Where an employee retires, the employer paid wages, compensations, and other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant was affiliated with the foregoing workplace and worked as a cleaning worker from January 1, 201 to December 31, 2010, including KRW 1,269,570, and KRW 47,765,520, an appellant, as stated in the detailed statement of the money and valuables in arrears in the attached Form, did not pay KRW 37,765,520, respectively from the date of the retirement without agreement between the parties to the date of the payment.

2. Although an employer has fulfilled the contents of the collective consultation concluded with a trade union pursuant to Article 31 of the Trade Union and Labor Relations Adjustment Act, the employer did not comply with Article 14 of the collective agreement concluded with the National Non-regular Women's Labor Union in a manner that did not deliver it to the union by deducting 3,801,840 won from monthly wages from 36 members, such as 36 workers F, etc. of the above workplace from the monthly wages

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

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

1. Report on acquisition of survey data;

1. Collective agreement;

1. Application of Acts and subordinate statutes on salary specifications;

1. Relevant legal provisions concerning criminal facts, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201); Article 92 subparagraph 2 (a) of the Trade Union and Labor Relations Adjustment Act (amended by Act No. 10967, Jul. 25, 201);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;

arrow