beta
(영문) 수원지방법원 평택지원 2018.05.31 2017고단1859

근로기준법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

(2018 Highest 36 cases) The Defendant is an employer who runs a furniture manufacturing business using three full-time workers as a manager of E in Ansan-si D or 305.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from July 10, 2015 to May 15, 2016, and from June 1, 2016 to July 6, 2016, did not pay KRW 400,000,000 for the portion paid on April 1, 2016, as well as KRW 1,887,090 for the portion paid on May 1, 2016, as well as KRW 3,90,00 for the portion paid on June 1, 2016, and KRW 754,838 for the portion paid on July 7, 2016, excluding KRW 3,50,000 for the total amount of wages paid at KRW 6,941,928 for two occasions on August 1, 2015, and did not pay KRW 3,50,000 for retirement within 314,294,194.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the substitution of the accused);

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes on the details of benefits payment;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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

1. Part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment (2017 order 1859 case);

1. The summary of the public prosecution is an employer who runs a furniture manufacturing business using three full-time workers as a manager of Ansan-si D or E located in 305.

(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the above workplace from January 14, 2016 to June 1, 2017, and retired from the workplace, including KRW 1,106,450 on December 12, 2016, as indicated in the list of crimes in the attached Table, and KRW 26,461,290.