logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.07.20 2016고정358
근로기준법위반등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer as the actual manager of the K-gu, Daegu Northern-gu, the K-gu, the Co., Ltd.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Defendant 1 had worked at the said workplace on January 17, 2015, and did not pay KRW 800,000 of the E’s wages in October 2014, within 14 days from the date of his retirement, without any agreement on extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act (Dismissal of Public Prosecution) of the Provisional Payment Order

1. The summary of the facts charged is the defendant as the actual manager of the Daegu Northern-gu Seoul Northern-gu Dispute Resolution Co., Ltd.

(a) An employer who violates the Labor Standards Act shall, if a worker dies or retires, pay the worker 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.

Defendant, who works in the above workplace on January 1, 2016, deemed that the monthly wage of 1,800,000 won in November 1, 2015, and “ January 2015,” as stated in the indictment in December 2015, was a clerical error in the “month 2015” and corrected it.

Wages of 1,800,000 won were not paid within 14 days from the date of retirement without an agreement on the extension of the payment deadline.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within 14 days after the grounds for payment occur, in cases where the worker retires;

except in special circumstances.

arrow