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(영문) 대구지방법원 2014.11.28 2014고정2483
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the Ccafeteria located in Busan Metropolitan City, who has run the Korean food restaurant business using five regular workers.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay him/her wages within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked at the above restaurant from September 18, 2012 to October 27, 2013, but did not pay the wages of KRW 806,450 on October 10, 2013 of retired workers D within 14 days from the date of his/her retirement without an agreement on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, while working in the above restaurant from July 12, 2012 to December 31, 2013, did not pay the total of KRW 4,471,580 of the retirement allowances of workers E, including KRW 1,764,620, who retired from office, within 14 days from the date of retirement without an agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Statement of the police statement concerning F;

1. D's letter of complaint and E's letter of delegation;

1. A statement of calculation of average wages and retirement allowances (D), a copy of the passbook (D), average wages and retirement allowances calculation (E), and a copy of the passbook (E);

1. Application of Acts and subordinate statutes to the business registration number inquiry, reply to the request made by the business registration number inquiry, and the inquiry into business registration;

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);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the Act on the Guarantee of Workers' Retirement Benefits, between a violation of the Labor Standards Act against workers D, a violation of the Act on the Guarantee of Workers' Retirement Benefits, and a punishment provided for in the Act on

1. Selection of a fine for negligence;

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