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(영문) 대전지방법원 2015.11.05 2015고정235
근로기준법위반등
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of the FF Institute located in Daejeon Sung-gu E and is an employer who operates a private teaching institute business with four regular workers employed.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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.

However, the Defendant did not pay KRW 2,670,00 in total, KRW 1,970,00 from May 1, 2013 to May 31, 2014, as well as KRW 700,00 in total, and KRW 2,670,00 in total, working for May 31, 2014 from January 1, 2013 to May 31, 2014, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes in writing of G and the remaining H documents;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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

1. The summary of the facts charged is that the Defendant, as the representative of the Daejeon EF Institute, is an employer who runs a private teaching institute business with four regular workers employed.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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.

However, the Defendant’s wage of KRW 1,456,00 from January 1, 2013 to May 23, 2014, and KRW 800,00 from May 1, 2013 to May 31, 2014, of D’s wage that the Defendant worked at the said workplace.

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