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(영문) 대구지방법원 상주지원 2015.01.20 2014고정214
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where 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 C Co., Ltd. in B at the time of residence, who employs ten full-time workers and engages in the business of gathering off rocks.

When a worker retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, unless there exists an agreement between the parties concerned about the extension of the due date for the payment.

Nevertheless, the Defendant is working from October 1, 201 to October 30, 201 at the above workplace.

After withdrawal, on October 2, 2013, the resignation is service until November 22, 2013.

Withdrawn’s 50,000 won of October 201, 201, 2,400,000 won of October 201, 201, and 4,900,000 won of the wage in November 2013, and 2,00,000 won of November 2013, without agreement between the parties on extension of the due date for payment, each payment was not made within 14 days from the date of retirement, which is the date on which the grounds for payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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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