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(영문) 수원지방법원 2015.10.16 2015고단3256

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs a manufacturing business as the E (owner) representative in Da in Ma in terms of harmony.

The Defendant did not pay KRW 3,057,460 on August 13, 2012 to October 31, 2014, paid KRW 3,374,420 on September 9, 2014; KRW 2,80,620 on October 2014; KRW 17,018,470 on retirement allowances; and KRW 17,018,470 on October 31, 2014, respectively, within 14 days from the date of retirement, without agreement between the parties to the contract on extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on details of wages and retirement allowances unpaid;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 44 of the Act on the Protection of Workers' Retirement Benefits, and the

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant, as a representative of E (ju) in E in E in E in E in E in E in Sungsung City, did not pay KRW 2,391,430 on February 28, 2015 of workers B who worked from December 4, 2014 to February 28, 2015, and KRW 3,658,900 on February 28, 2015 of workers C who worked from December 17, 2014 to February 28, 2015, respectively, within 14 days from the date of retirement without an agreement on extension of the payment term between the parties concerned.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the same Act.

According to the records, the above workers can recognize the fact that they expressed their wish not to punish the defendant after the prosecution of this case. Thus, the prosecution against the above facts charged is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.