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(영문) 수원지방법원 안양지원 2016.04.26 2015고정989

근로기준법위반등

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

Defendant

The C representative in Sinpo City B, who is a full-time worker, engaged in the manufacturing of industrial freezing and refrigerating parts.

When a worker dies or retires, the employer has not paid the total amount of wages, compensation, retirement allowances, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay 17,60,000 won for the period from August 1, 2014 to April 7, 2015, the total amount of wages of 18,113,333 won for April 2015, including the total amount of wages of 513,333 won, 313,00 won for the year-end settlement of accounts of 2013,00 won for the year-end settlement of accounts, 383,80 won for the year-end settlement of accounts of 2014, and KRW 696,960,960,9601, 5601, 5600 won for retirement benefits, and KRW 184,184,500 within the agreed date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police complainants against D;

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

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts (the fact that the goods are not liquidated), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that the retirement payment is not paid);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;