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(영문) 대구지방법원 2015.08.21 2015고정914
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an individual constructor who resides in Daegu Southern-gu B or 203 and has run a construction business with four regular workers.

When a worker dies or retires, the employer shall pay the wages, accident 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 is working at the construction site that the Defendant constructed from July 1, 2011 to August 12, 2011.

Wages C of retired workers was not paid KRW 1,170,000 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Examination protocol of suspect by the special judicial police officer against the accused;

1. Application of C’s written laws and regulations

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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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