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(영문) 대구지방법원 2014.10.31 2014고단1961
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative D in Daegu Dong-gu C who is engaged in a service business using 11 full-time workers.

1. The Defendant, while working in the foregoing workplace from September 27, 2010 to October 6, 2013, was retired workers E’s wages of KRW 1,454,600 on August 8, 2013, and did not pay KRW 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, and did not pay KRW 23,016,352 on the total wages of four retired workers under the lower part of the list of crimes in the attached Table, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

2. The Defendant, while working in the foregoing workplace from September 27, 2010 to October 6, 2013, did not pay KRW 2,571,618 of the retired employee E’s retirement allowance within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date, and did not pay KRW 9,968,293, in total, three retirement allowances of three retired workers in the lower end of the list of the crimes in the attached Table, within 14 days from the date of retirement, without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, I, J, K, L, and M;

1. Details of each overdue money and goods, each average wage and retirement allowance calculation statement, each salary statement, service period, and rules of employment;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Articles 109(1) and 36 of the Labor Standards Act, each of the relevant laws on criminal facts, and subparagraphs 1 and 9 of Article 44 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 Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. The summary of the facts charged is that the Defendant is a representative of D in Daegu Dong-gu, Daegu-gu, and employs 11 full-time workers.

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