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(영문) 대구지방법원 2015.10.16 2015고정1195
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of C in Daegu Dong-gu, and is the employer who runs the agency stone construction business with ten full-time workers employed.

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 as a substitute executor at the construction site of the above workplace.

On October 20, 2014, wages of KRW 1,700,000 of retired workers D on September 20, 2014, and the wages of KRW 2,100,000 on October 2014 and KRW 3,800,000 on October 2, 2014 were not paid 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 special judicial police officer against D;

1. Application of Acts and subordinate statutes on work details;

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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