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Reasons
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(영문) 대구지방법원 2013.05.24 2012고정4267
근로기준법위반
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Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a F representative Co., Ltd. with the second floor of the E University in Daegu-gu, the second floor of the E University in Daegu-gu, and has been operating software development business with five full-time workers.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is working from April 6, 201 to October 5, 2011.

With respect to three retired workers, including wages of KRW 1,322,440 on September 201, 201, the total amount of wages and retirement allowances of KRW 25,871,537 was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes to details of overdue money and valuables;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant is a representative of the F, Co., Ltd., Ltd. with the third and second floor of the E University in Daegu-gu D, and has been operating software development business with five full-time workers.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is working from December 13, 2010 to December 5, 2011.

(b) retirement.

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