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(영문) 대구지방법원 포항지원 2015.07.08 2014고단1386
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of SP, a corporation that is engaged in landscaping business in the north-gu 203 at the port of port and is a user who conducts landscaping business using 30 full-time workers.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, and shall pay the retirement allowances within the same period.

The Defendant did not pay KRW 3,960,000, which was retired from the said workplace on May 1, 2014, within 14 days from the date of the above retirement, and did not pay KRW 5,416,110 within the same period.

Summary of Evidence

1. Defendant's legal statement;

1. To apply Acts and subordinate statutes, the detailed statement of overdue money and valuables (59 pages of investigation records), the detailed statement of calculation of retirement allowance (62 pages of investigation records);

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of a fine of choice of punishment (the number of petitioners who were prosecuted for the first time and the amount of overdue wages was large, but a substitute payment has been made to most petitioners during the trial, the intention of punishment has been withdrawn, a substitute payment has been paid to T, and a fine is selected in consideration of the fact that the defendant confessions and is against himself/herself, and the amount thereof is set);

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 is the representative of S, a corporation that is engaged in landscaping business in the north-gu 203 203, and conducts landscaping business using 30 full-time workers.

When a worker retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred.

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