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(영문) 대구지방법원 경주지원 2014.02.06 2013고단581
근로기준법위반등
Text

Defendant shall be punished by a fine of 2.5 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 is the representative of D in the racing-si, who employs 40 full-time workers in the above workplace, and operates the automobile parts manufacturing business.

When a worker dies or retires, the employer shall pay the retirement allowance, wages, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, at the above workplace around March 31, 2013, did not pay KRW 20,479,908 in total for the victim’s wages, other money and valuables, or retirement allowances, as stated in the attached Table Nos. 1-4, 7, and 8, including KRW 1,520,00 of the victim E, who is a retired employee, at the above workplace, for the lapse of 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the F of each police protocol of statement to the F;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where wages and other money or valuables are not paid), respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for a punishment (the reflection of the punishment, the past record of criminal punishment heavier than the suspension of the execution of imprisonment, and the past record of criminal punishment, and partial recovery of damage);

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. 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 did not pay 11,748,256 won in total, including 3,957,651 won of the Victim G retirement allowance and 717,370 won of other money and valuables, and 11,748,256 won in total, as stated in the attached Table No. 5 and No. 6 of the Crimes List, at the workplace around March 1, 2013, from the date of retirement without any agreement on the extension of the payment period between the parties concerned.

2. The above facts charged are determined by Article 109 of the Labor Standards Act.

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