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(영문) 대구지방법원 2019.07.24 2019고정353
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of D in Daegu Northern-gu B and 1st floor C, who runs a design service business with three regular workers.

1. Where a worker dies or retires, an employer in violation of the Labor Standards Act shall have worked in the same workplace from January 1, 2018 to January 3, 2019 when the cause for such payment occurred, and shall have worked in the same workplace as wages of 13,30,000, and from January 2, 2018 to January 20, 2019.

Wages of retired workers F were not paid 25,632,258 won in total, 11,200,000 won within 14 days from each retirement date without any agreement between the parties on the extension of the due date.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, when a worker retires, pay the retirement allowance within 14 days from the time when the cause for such payment occurred, however, the Defendant, from January 1, 2018 to January 3, 2019, has worked for the period from January 1, 2018 to January 20, 2019 as retirement allowance of the worker E who retired while serving in the same workplace.

The retirement allowance of the retired worker was not paid KRW 3,239,624 in total, 1,646,694 in total, within 14 days from the date of occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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