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Reasons
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(영문) 대구지방법원 경주지원 2015.04.29 2014고단742
근로기준법위반
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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 Highest 742" is the representative of C in racing-si B, who is engaged in the manufacturing business with ten 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.

Nevertheless, the Defendant is working from October 1, 2013 to December 31, 2013 at the above workplace.

The retirement worker D’s total amount of KRW 28,141,240,000, including the wage of KRW 1,500,000 on October 2013, did not pay 28,141,240,000 from the date of retirement to the lapse of 14 days from the date of retirement, as stated in the attached Form.

The defendant of the "2015 High 51" is the user who has operated a painting business using ten full-time workers as the representative of E in the racing-si.

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 KRW 1,200,000 on September 1, 2013 of the FF retired on November 1, 2013 at the said workplace and KRW 3,000,000 on October 1 of the same year without any agreement between the parties on the extension of the due date.

Summary of Evidence

"2014 Highest 742"

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement concerning G, D, H, Defendant I, and D;

1. Each complaint, each complaint, and "2015 Goi-Ma51" to instruct correction of violations of labor-related Acts;

1. Defendant's legal statement;

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

1. Statement of each police statement of the defendant and F;

1. Application of the relevant Acts and subordinate statutes to file a petition or an internal investigation report;

1. Selection of fines under Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts and the choice of punishment.

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