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(영문) 대구지방법원 2014.12.19 2014고정2312
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a user who engages in construction business with a trade name C while residing in Daegu Southern-gu B.

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

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

Nevertheless, the Defendant is working for the period from April 10, 2014 to April 26, 2014 at the construction site for the EMoel remodeling project located in Gyeongnam-gun, Gyeongnam-gun.

The wage of retired F, including 1,442,00 won, was not paid 7,210,000 won in total for five workers within 14 days from the date of retirement when the cause for the payment occurred without an agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding F (representative of complainant);

1. Protocol concerning the examination of suspect of G;

1. Application of Acts and subordinate statutes on contracts for work in writing, a statement of trading, and standard documents;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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