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(영문) 대구지방법원 경주지원 2019.05.22 2018고정133
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative of Mapo-gu Seoul Metropolitan Government Co., Ltd. (hereinafter referred to as “C”), is an employer who employs approximately 30 full-time workers at the place of business of the E (hereinafter referred to as “E”) located in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “E”), and operates the manpower dispatch service

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant works in the above workplace.

On February 15, 2016, the amount of KRW 771,840 for unpaid annual leave allowance of the FF of retired workers, KRW 12,120 for unfair deduction, KRW 723,60 for unpaid annual leave allowance of the same G, KRW 21,708 for unfair mutual aid, KRW 1,851,210 for retired workers’ wages, KRW 771,840 for unpaid annual leave allowance of the F of retired workers on February 27, 2016, was not paid within 14 days from the date of each retirement.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the defendant works in the above workplace.

On February 15, 2016, F retirement pay of retired workers KRW 3,314,310, and KRW 2,290,000 of the same G retirement pay, and KRW 8,167,770 of the H's retirement pay of retired workers around February 27, 2016, were not paid within 14 days from the date of each retirement.

Summary of Evidence

1. A witness I and each legal statement of J, and part of K’s legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. An interrogation protocol of the police officer against the defendant or I;

1. The written accusation, the personal information of the victim, and the details of arrears;

1. Wage ledgers ( February 2016);

1. Each contract agreement;

1. Application of the labor inspector’s on-site investigation report and report on results of investigation;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) regarding criminal facts (amended by Act No. 15108, Nov. 28, 201); and guarantee of respective retirement benefits.

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