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(영문) 수원지방법원 안산지원 2017.03.24 2016고정1744

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is an employer who operates the Dispute Resolution Co., Ltd. in Ansan-si.

1. An employer in violation of the Labor Standards Act shall pay wages within 14 days after the cause for such payment occurred, in case where a worker retires;

From May 1, 2015 to August 1, 2016, the Defendant did not pay the total of KRW 2,656,220 on April 201, 2016, and KRW 6,898,30 on June 6, 2016, and KRW 6,898,30 on July 1, 2016, and KRW 2,335,120 on May 1, 2015, and KRW 2,335,120 on April 1, 2016, the total of KRW 9,233,450 on workers who retired after working at the same place of business, without agreement on the extension of the period, within 14 days from the date of retirement.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

The Defendant, as described in Paragraph 1., did not pay KRW 2,803,864 of the retirement allowance of the retired employee D, KRW 2,470,721 of the same E retirement allowance, KRW 5,274,585 of the total retirement allowance of two workers, and KRW 14 days from the date of the retirement without agreement on extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the F;

1. Details of benefits, a statement of details of benefits and a statement of retirement allowance (one right 132 pages of investigation records);

1. Application of Acts and subordinate statutes to the full statement of the amount in arrears (2/36 pages of investigation records);

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (Selection of Each Fines);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.