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(영문) 대구지방법원 경주지원 2014.06.03 2013고정282
근로기준법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the company B located in Ulsan Metropolitan City, who is an employer who manufactures and manufactures steel structures at the seat of the E company located in Ulsan Metropolitan City, with at least five regular workers.

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

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

Nevertheless, the Defendant, at the above workplace from February 2, 2013 to February 19, 2013, did not pay 18,435,000 won in total, which is seven retired workers, within 14 days from the date on which the cause for payment occurred, as shown in the list of crimes in attached Table, such as F workers’ wage 1,250,000, which is included in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Details of arrears and application of Acts and subordinate statutes on notarial deeds;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

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

1. Articles 70 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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