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(영문) 수원지방법원 평택지원 2020.01.16 2019고정522

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of Co., Ltd. C in Pyeongtaek-si B, who runs accommodation business with 20 full-time workers.

When a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, but the defendant works from March 1, 2018 to October 31, 2018.

Retired workers D's wages of 2,200,000,000 won on October 1, 2018, and from April 1, 2018 to October 31, 2018.

A retired worker E did not pay the total of KRW 4,250,000, and the total of KRW 4,250,000 on October 2018 within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a written petition and fact confirmation;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

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