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(영문) 수원지방법원 2018.08.08 2017고단7156

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

Defendant 7156 of the 2017 Highest 7156 is the employer who employs four full-time workers in the name of “A” corporation at O, O, O, and operates a manufacturing company, such as Make factoring.

Defendant did not pay 13,463,280 won, respectively, when he retired from the said workplace without agreement on extension of payment date, as well as 2,940,000 wages and retirement allowances and 3,070,7777 won in attached Table 5,7,77, and 13,463,280 won, including 2,9,00,000 retirement allowances and 3,070,777, of the retired employee J, within 14 days from the date of retirement without agreement on extension of payment date.

Defendant 2841 of the 2018 Highest 2841 is the representative director of the I Co., Ltd. I located in Pyeongtaek-si, who runs manufacturing and wholesale business using four full-time workers.

1. The Defendant violated the Labor Standards Act: (a) paid KRW 2,50,000,000, totaling KRW 5,500,000,000, which served as a worker’s wage of KRW 2,500,000,000, who worked in the Republic of Korea from OEM to August 15, 2017 at OEM from April 1, 2015 to OEM; and (b) from June 20, 2016 to September 25, 2017, the Defendant did not pay KRW 5,00,000, respectively, within 14 days from the date of retirement without any agreement between the respective parties on the extension of the payment date.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 5,740,916 of L retirement pay for workers who retired from work as set forth in paragraph 1 at the above Company I, O, M, and KRW 8,691,540 of retirement pay for workers M, and KRW 2,950,624 of retirement pay for workers M, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

"2017 Highest 7156"

1. Statement by the defendant in court;

1. "2018 Highest 2841" written statements of the N, J andO;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements concerning L;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts (the fact that each of the wages is not liquidated), subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the same Act on the Guarantee of Workers' Retirement Benefits (the fact that the wages are not paid);

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

1. Selection of penalty;