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(영문) 대구지방법원 서부지원 2015.11.25 2015고정308
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant engaged in welfare service business as the representative and actual manager of E in Gyeongbuk-gun, Seongbuk-gun.

1. 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 period may, under special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant did not pay bonuses of KRW 3,796,50 ( KRW 895,00, KRW 895,000, KRW 895,000 for year 2012, KRW 971,500 for year 2013, KRW 1,035,00 for year 2014), KRW 3,401,50 for bonuses from March 7, 2011 to November 28, 2014 ( KRW 789,00 for year 2012, KRW 789,00 for year 2012, KRW 00 for year 200, KRW 1,035,00 for year 200 for year 208, KRW 100 for year 2008, KRW 400 for year 200 for year 208, KRW 400 for year 201 for year 2014).

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay F’s retirement allowance of KRW 6,970,242, G’s retirement allowance of KRW 5,820,664, a total of KRW 12,790,90,906 within 14 days from the date of retirement without agreement on extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Legal statement of witness G;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to details of transactions, each employment contract, each average wage and each retirement allowance calculation statement;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, each of the choice of punishment (which refers to unpaid wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to unpaid retirement allowances) and the selective Labor Standards Act.

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