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Reasons
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(영문) 대구지방법원 2014.11.13 2014고단987
근로기준법위반등
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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 of "2014 Highest987" is the representative director of C, a company that is a development company of the second floor of the Daegu Dong-gu B building.

The Defendant was on duty in C from October 1, 201 to September 30, 2013, and did not pay KRW 19,452,306 of D’s wages (amounting to KRW 3,308,00 per month from May 1, 2013 to September 2013 and annual leave allowances of KRW 2,912,30 per month) and KRW 25,93,336 of retirement allowances within 14 days from the date of retirement without agreement on the extension of the period.

In addition, the Defendant did not pay the total amount of KRW 34,010,200 as wages and retirement allowances of D, E, and F, as described in the attached list of crimes committed by the Defendant, within 14 days from each retirement day, without agreement on the extension of the due date.

The defendant of "2014 Highest 2764" is the representative of the Seo-gu G Co., Ltd. located in Daegu, who runs a service business using six regular workers.

When a worker retires, the employer shall pay the wages within fourteen days after the cause for such payment occurred.

Nevertheless, without agreement on the extension of the due date, the Defendant worked in C from June 25, 2013 to September 28, 2013, and did not pay the retirement worker I’s wages of KRW 1,90,000 on August 8, 2013 of the retired worker H, plus KRW 3,847,30 on September 1, 2013, plus KRW 1,857,330 on September 5, 2013, and from January 5, 2013 to October 4, 2013, and did not pay the retirement worker I’s wages of KRW 1,394,750 on June 1, 2013, and KRW 2,00,00,000,00 wages of KRW 2,50,000 on August 25, 20, 2013, KRW 3630 on August 16, 2013.

Summary of Evidence

"2014 Highest 987"

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to E, D, and F;

1. "Calculation of average wages and retirement allowances";

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police statements to H and I;

1. Article 109(1) of the Labor Standards Act concerning criminal facts

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