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(영문) 대구지방법원 서부지원 2014.03.13 2014고단26
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as the real representative of the C(former D) located in Daegu-gun District, is an employer who was engaged in the manufacturing business of automobile parts by ordinarily employing 15 workers.

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

Nevertheless, the Defendant, from June 5, 2008 to November 10, 2009, did not pay 1,057,500 won of wages of foreign workers E who were employed in the said workplace and retired from the said workplace on August 8, 2011, and did not pay 12,015,000 won in total for three workers, as indicated in attached Table 2, 3, and 6, within 14 days from the date on which the cause for the payment occurred, without any agreement on extension of the due date between the parties.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, from June 5, 2008 to November 10, 2009, did not pay KRW 2,778,160 as well as KRW 2,78,160 as well as KRW 2,3,618,129 as well as KRW 10,618,129, in total, for three employees, within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to confirmation contents of telephone, etc.;

1. Article 109(1), Article 36(1), and Article 36(1) of the Labor Standards Act for criminal facts.

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