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(영문) 대구지방법원 의성지원 2015.09.03 2015고단46
근로기준법위반등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who operates a stock company C in Cheongbuk-gun B and is an employer who runs an agricultural products processing business with ten full-time workers employed.

When a worker retires and causes for the payment of wages, etc. occurs, the employer shall pay it within 14 days from the date of retirement, except where there is an agreement between the parties on the extension of the due date.

The Defendant, around February 27, 2015, did not pay the total amount of KRW 5,142,857, as stated in the [Attachment Table No. 5] No. 5, including KRW 1,500,000, which was retired from the Defendant’s office from November 1, 2014 to February 12, 2015, within 14 days from the date on which the cause for the payment occurred, without any agreement on extension of the payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. A representative statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Summary of this part of the facts charged

A. The Defendant, around February 27, 2015, worked as the general secretary from August 19, 2013 to February 12, 2015 and retired from the said company, did not pay the total of KRW 10,826,428 of workers’ four wages within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of the payment between the parties, as stated in the [Attachment] Nos. 1 to 4, 2014, including the amount of KRW 2,50,00,00, which was retired.

B. On February 27, 2015, the Defendant did not pay KRW 3,672,970 of E’s retirement pay in the said company within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. The facts charged above are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and are the same Act.

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