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(영문) 대구지방법원 2015.06.24 2015고정916
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a user who conducts an information and communications construction business using one regular worker in Daegu-gu B.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the sum of the wages of KRW 4,350,00, KRW 27,000, KRW 27,000 in November 2014, KRW 50, KRW 151,730 in December 2014, KRW 3,450,00 in January 3, 2015, KRW 457,061, KRW 33,470 in February 2015, and KRW 4,350,00 in total, and KRW 669,266 in February 26, 2015, and KRW 5,01 in December 2014, KRW 5,00 in total, including KRW 4,350,00 in wages, KRW 33,475 in expenses, and KRW 669,266 in expenses, and KRW 2666 in the payment date, within 14 days from the retirement date without agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. A C’s authentic statement;

1. Date of service, details of daily allowances, and application of Acts and subordinate statutes on unpaid matters;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Articles 70 (1) 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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