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(영문) 대구지방법원 2016.09.09 2016고정1329
근로기준법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of C located in Daegu Southern-gu B, and is an employer who runs the Korean food restaurant business using one full-time worker.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 employed the said workplace from March 9, 2015 to August 3, 2015, and did not pay KRW 3,270,000, the monthly wage of March 2015, the monthly wage of KRW 750,000 on April 2015, the monthly wage of KRW 750,000 on May 2015, the monthly wage of KRW 750,000 on June 2015, and the monthly wage of KRW 750,000 on July 7, 2015, and the monthly wage of KRW 750,000 on July 3, 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. A protocol concerning the examination of suspect by a special judicial police officer against the defendant;

1. Statement made by special judicial police officers with regard to D;

1. Application of D’s written petition and metre Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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