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(영문) 대구지방법원 2014.05.22 2014고정791
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the employer who is the representative C in Gyeong-si, Gyeong-si, who has been employed by 25 full-time workers and operated the business of manufacturing motor vehicle parts.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, but the defendant works in the subcontract work process in the Si/Gu-U.S. D., Young-si.

No total of KRW 1,848,235 of the FF of a foreign worker retired on July 16, 2013, wages of KRW 972,875 on July 16, 2013, and KRW 1,848,235 of the retired foreign worker G on the same day, including wages of KRW 875,360 on July 7, 2013, shall be paid within 14 days from the date of retirement without an agreement between the parties on extension of

B. When a worker retires, the employer shall pay the retirement allowance within 14 days from the date the cause for the payment occurred, but the defendant is working in the subcontracting work in the Da in the Gyeonggi-gu Seoul Special Metropolitan City Committee for the Settlement of Disputes.

On July 16, 2013, the retirement allowance of FF of retired foreign workers was not paid KRW 3,626,336, and KRW 7,008,331, including KRW 3,381,95, of G retirement allowances of foreign workers retired on the same day, 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. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and the main sentence of Article 9 of the same 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 each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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