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(영문) 대구지방법원 2013.07.11 2013고정605
근로기준법위반
Text

Defendant shall be punished by a fine of one 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, as a representative C in Daegu-gu, is an employer who runs beauty service business using one full-time worker.

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.

From November 21, 201 to May 5, 2012, the Defendant did not pay the amount of KRW 500,000, the monthly wage of KRW 1,500,000 in January 201, 202, the monthly wage of KRW 1,50,500,00 in March 201, the amount of KRW 1,50,000 in April 201, and the amount of KRW 5,00,00 in April 20, and the amount of KRW 1,50,00 in April 23, 201, from July 1, 201 to October 23, 201, the amount of KRW 5,706,00 in total, and KRW 700 in the amount of KRW 4,00 in each party’s retirement without agreement between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of each statute on filing of a complaint;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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