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(영문) 수원지방법원 2018.12.07 2018고정593

근로기준법위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative director of DD in the Ssung City (State), is a person who engages in the manufacturing industry with 15 full-time workers.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, Defendant 1 worked from April 1, 2015 to December 31, 2016 at the above workplace and did not pay 2,105 won for overtime work allowances in August 2015 to E that retired from the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date. In addition, Defendant 2 did not pay 6,734,927 won, including 4,629,718 won in total of overtime work allowances of E and F and E, F, G, and H, including 6,734,927 won in total, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H;

1. Each authentic statement of E, G, H, and F;

1. Application of Acts and subordinate statutes to the submission of data, the submission of data, and the submission of data;

1. Article 44 of the Act applicable to the facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers Eligible for Determination of Punishment, and Selection of Fines;

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

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

1. The defendant's assertion and judgment on Article 334 (1) of the Criminal Procedure Act

1. The Defendant asserts that, since the Defendant entered into a comprehensive wage contract with workers E and F, it does not have an obligation to pay overtime allowances.

According to the labor contract drawn up between the defendant and F, it is recognized that F entered into an employment contract with the defendant setting the amount of annual salary and that it has agreed to additionally pay overtime work allowances, night work allowances, and holiday work allowances while entering into an employment contract with the defendant.