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(영문) 대구지방법원 영덕지원 2015.06.03 2014고정99
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd., which has been using five full-time workers, and has been engaged in the dredging vessel manufacturing operation from Gyeong Young-gun E.

When a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within fourteen days from the date when the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.

Nevertheless, the Defendant did not pay KRW 5,00,000 as wages of April 2014 of the FF retired on May 3, 2014, and KRW 4,050,000 as wages of April 1, 2014 of G G retired on May 1, 2014, and KRW 2,520,000 as wages of April 28, 2014 of H retired on April 2014, and KRW 3,60,00,00,00 as wages of April 27, 2014 of the I retired on April 2014, and KRW 2,50,000 as wages of April 26, 2014 of the JJ retired on April 26, 2014 without any agreement between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the F prepared by the special judicial police officer, - details of wages unpaid;

1. A complaint filed by the F and four others (I, H, J, and G);

1. Application of Acts and subordinate statutes to notify the notification, factory registration notice, and designation of a manufacturer of construction machinery;

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

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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