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(영문) 창원지방법원 2015.05.20 2015고정134
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, as a representative director of DD (ju), who ordinarily employs three workers in Daegu Northern-gu C, engaging in a specialized construction business, is an employer who has subcontracted a bridge construction work in a foreign Eastern-gu from December 16, 201 to April 11, 2013.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 joined the above workplace on December 16, 201 and is dispatched to the above site management (civil engineering engineers) at the construction site of the above overseas.

On April 11, 2013, after returning to the head office on February 9, 2014, and serving until February 201, 2014, retired E’s wages of 5,500,000 won for October 1, 2012, wages of 5,50,000 won for December 201, 2012, wages of 5,500,000 won for December 2012, 2014, wages of 964,285, retirement allowances, retirement allowances of 6,373,071 won for 23,837,356 won for 23,837, and 356 won for 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties to the payment.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement to E by the police;

1. Application of employment contract Acts and subordinate statutes;

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);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

5. Article 334 (1) of the Criminal Procedure Act.

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