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(영문) 수원지방법원 안양지원 2015.12.04 2015고정797

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Overcheon-si and the second floor and is an employer who runs wholesale and retail business using eight regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing place of business, worked as from December 1, 2013 to April 16, 2014, and worked as a retired employee E’s wage of KRW 500,000 on January 1, 2014, as well as KRW 34,684,495 on the aggregate of eight employees’ wages, as shown in the attached Table, did not pay them within 14 days after retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of respective laws and regulations of E, G, H, I, J, K, L, and M (including attached documents);

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the defendant's name as the representative of the Bank of Korea D (hereinafter referred to as "D") was not a violation of the Labor Standards Act since all workers were retired.

The term "employer" under Article 36 of the Labor Standards Act means an employer, a person in charge of business management, or a person who acts on behalf of an employer with respect to matters relating to workers (Article 2(1)2 of the Labor Standards Act), and the term "person in charge of business management" refers to a person who is responsible for the general management of business and is comprehensively delegated by the employer with respect to all or part of the business.