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(영문) 청주지방법원 충주지원 2012.05.02 2011고정418

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of F Co., Ltd., E in Chungcheongnam-si, who is engaged in the manufacturing industry using 88 full-time workers.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned to the extension of the due date.

1. The Defendant did not pay KRW 6,565,00 as the sum of G’s work performed from May 6, 2008 to July 30, 2009, KRW 1,950,00 for bonuses on December 6, 2008, KRW 675,00 for bonuses on January 2009, KRW 1,970,00 for bonuses on March 3, 2009, KRW 1,970,00 for bonuses on June 6, 2009, and KRW 6,565,00 for money and valuables on June 1, 2009, within 14 days from the date of retirement without agreement on the extension of payment due between the parties.

2. The Defendant did not pay KRW 68,264,174, respectively, within 14 days from the date of retirement, as well as KRW 1,950,00 of H’s bonus on December 2, 2008, working from March 2, 2008 to April 30, 201 at the same place of business, as well as KRW 1,950,00,00, in addition to an individual’s delayed payment statement.

Summary of Evidence

1. Each defendant's partial statement in court;

1. The statement of each part of the police suspect examination protocol against the defendant;

1. Witnesses G and I's respective legal statements;

1. Application of each relevant statute;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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

1. Articles 70 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;