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(영문) 수원지방법원 평택지원 2016.05.03 2016고단406

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant, as the representative of the Co., Ltd. C in Gyeonggi-si B, is an employer who runs the business of manufacturing metal assembly structural materials using five full-time workers.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred.

Nevertheless, the defendant employed from July 1, 2010 to May 31, 2013 at the above workplace and retired from the above workplace, the amount of KRW 2,530,000 on July 7, 2012 of D, and the amount of KRW 2,500,500 on August 8 of the same year, the amount of KRW 2,500,500 on September 1 of the same year, and the amount of KRW 2,500,000 on October 10 of the same year, and the amount of KRW 2,50,000 on November 1 of the same year, and the amount of KRW 2,50,000 on December 12 of the same year, and KRW 1,200,000 on January 1, 2013, 16,230,000 on the total amount of KRW 10,500 on the date of retirement without agreement between the parties concerned, as well as 105 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of each document and written statements to Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the application of the sentencing criteria under Article 334 (1) of the Criminal Procedure Act for the Provisional Payment Order: It shall not be applicable;