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(영문) 대구지방법원 2014.09.12 2014고정1727
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is the actual representative of C Co., Ltd. located in Daegu Suwon-gu B, who runs a specialized construction business.

[2014 High Court Decision 1727] The defendant is working for the above company as the site manager.

On January 18, 2014, a retired worker D did not pay KRW 5,170,000 in total, including KRW 3,300,000 in December 2013 and KRW 1,870,00 in January 2014, within 14 days from the date of retirement without any agreement on the extension of the due date.

[2014 High Court Decision 1732] The Defendant is working at the construction site of the company

The amount of KRW 5,120,00 in total, KRW 2,080 in November 19, 2013, KRW 960,00 in December 2013, and KRW 5,120,00 in February 2014, which retired from office on February 19, 2014, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date.

[2014 High Court Decision 1733] The Defendant is working at the construction site of the company

In addition to F’s wage of 680,000 won in November 20, 2013, which was retired on February 20, 2014, the retirement worker did not pay 13,765,000 won in total for seven retired workers within 14 days from the date of retirement without agreement on the extension of the due date, as shown in the attached list of crimes committed.

Summary of Evidence

[2014 High Court Decision 1727]

1. Defendant's legal statement;

1. Statement made by the police with D (2014 high-level 1732);

1. Defendant's legal statement;

1. Statement made by the police to E (2014 high-level 1733);

1. Defendant's legal statement;

1. The police statement concerning F;

1. F's letter of complaint and power of attorney;

1. A written complaint of G;

1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

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;

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