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(영문) 청주지방법원 2016.12.06 2015고단493

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the attached list of crimes: No. 5 F per annum.

Reasons

Punishment of the crime

The Defendant is a person who has operated the “H” located in Heak-gu Seoul Metropolitan City G.

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

Nevertheless, the Defendant worked from November 1, 2012 to October 31, 2014 at the same place of business, and did not pay the total of KRW 4,950,000 and retirement allowances and KRW 3,228,300 within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to a report on delayed payment of wages;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (the period by which gold 100,000 won is converted into one day);

1. Part of rejection of prosecution under Article 59 (1) of the Criminal Act (including the case where there are extenuating circumstances to consider the delay of payment of wages, the subsequent payment of wages was made in full, and the defendant repented wrong facts, etc.) of the suspended sentence;

1. The summary of the facts charged is a person who has operated the “H” located in the Heung-gu Seoul Metropolitan Government G in Chungcheongnam-gu.

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

Nevertheless, the Defendant, at the above workplace, worked in production from January 13, 2013 to October 31, 2014, and did not pay the total of KRW 4,800,000 and retirement allowances of KRW 2,778,802 within 14 days from the date of retirement in attached Table 5.