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(영문) 대구지방법원 서부지원 2015.06.24 2014고정725
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the D Co., Ltd. in the Dong-gu, Nam-gu, Dong-gu, Seoul, and is the employer who has worked with 65 full-time workers at the construction site located in Daegu-gu E.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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, on May 8, 2013, the Defendant did not pay KRW 1,195,360 to retired workers G within 14 days from the date of retirement without any agreement on extension of the due date.

Summary of Evidence

1. Partial statement of the defendant (as at the 10th trial date, the date);

1. Statement made by witnesses G in the third protocol of trial;

1. Statement made by a witness H in the fourth trial record;

1. A labor contract and a statement of payment of monthly labor cost;

1. Certification of details of transactions by account and details of deposit transactions by account;

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

1. Article 109(1) and Article 36 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines (where the primary charge is found guilty, no separate judgment shall be made on the primary charge);

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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