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(영문) 수원지방법원 평택지원 2013.07.18 2013고정417

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the CK in Pyeongtaek-si B, who is an employer who runs educational service business by employing ten full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, at the above workplace, worked from April 21, 201 to July 17, 201, did not pay KRW 500,000 as wages of December 201 of 201, wages of KRW 1,200,00 as wages of June 201, and wages of KRW 270,967 as wages of July 2012 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the above workplace from April 21, 2010 to July 17, 2012, did not pay KRW 2,799,026 of retirement allowances of retired workers D within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence is against the defendant's recognition of the crime, the defendant has no criminal record other than once a fine, and the circumstances that may be somewhat taken into account the defendant's criminal records are recognized, such as school expenses, etc. for the above service period.