beta
(영문) 수원지방법원 2014.06.27 2014고단2257

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who had 15 full-time workers in Aluminium C, a manufacturing company, with Aluminium C, using 15 full-time workers.

When a worker retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the due date for the payment.

Nevertheless, the Defendant is working in the above workplace from October 17, 201 to May 10, 2013.

A retired worker D's wages of KRW 7,892,936 and retirement allowance of KRW 2,44,933 have not been paid within 14 days from the date of occurrence of the cause for payment without an agreement on extension of the due date for payment between the parties concerned, and the total amount of KRW 32,551,756 and retirement allowance of KRW 22,418,643, as shown in the attached list of crimes in the attached list of crimes, were not paid within 14 days from the date of occurrence of the cause for payment without any agreement on extension of the due

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes (Evidence Nos. 9-12, 15, 16, 17, 23 and 26)

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of each alternative fine for punishment;

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;