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(영문) 대구지방법원 2015.06.12 2015고정768
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who performs reinforced concrete construction works in Cheongsan-si branch with the domicile in Cheongbuk-do B, and four regular workers at the Gyeongsan-si branch.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 at the construction site operated by the Defendant from March 2006 to September 27, 2012.

A retired C’s wages of KRW 37,377,00,00 in total, as shown in the attached Table of Crimes, including KRW 1,627,00 on May 201, was not paid within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the payment due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of the statement of special judicial police officer;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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;

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