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(영문) 수원지방법원 안양지원 2013.06.13 2013고정235

근로기준법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the actual management owner of C Co., Ltd. with No. 104 of the former B building 104 during Ansan-si, and is an employer who employs five full-time workers and engages in construction business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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, the Defendant, in the foregoing workplace, worked from August 1, 201 to November 30, 201, and did not pay KRW 3,678,500 to D who retired from the workplace within 14 days from the date on which the cause for payment occurred without agreement on extension of the due date between the parties concerned, as shown in the attached Form, including where the Defendant paid KRW 1,20,000 to D who retired from the workplace in September 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to D, E, and F;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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