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(영문) 수원지방법원 평택지원 2015.05.22 2015고정141

근로기준법위반등

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

On November 27, 2014, the Defendant was sentenced to four months of imprisonment with prison labor at the Suwon District Court for embezzlement and the said judgment became final and conclusive on April 18, 2015.

The defendant is the representative director of Pyeongtaek-si Co., Ltd. which is in Pyeongtaek-si B, and is an employer who runs the manufacturing business of industrial machinery using 15 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The defendant is working for the company from October 1, 201 to May 11, 2013.

The total amount of 19,064,516 won in the attached Form D of the retired worker D was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The defendant is working for the company from October 1, 201 to May 11, 2013.

The retirement allowance of retired workers D was not paid 4,833,450 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Details of the overdue bonds in arrears;

1. Previous records of judgment: Application of investigation report (report on the date of confirmation), copy of judgment, and Acts and subordinate statutes;

1. Subparagraph 1 of Article 109 of the Labor Standards Act and Article 36 of the same Act concerning criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;