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(영문) 수원지방법원 안산지원 2017.06.22 2017고정335

근로기준법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of a C private teaching institute located in the Gu B, 2, and 4th of Ansan-si, and is an employer who runs educational service business using at least ten full-time workers.

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.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay a total of KRW 67,50 on March 15, 2014 to April 7, 2016, of KRW 202,50 on the total of KRW 135,00 on April 13, 2016, KRW 75,00 on June 6, 2016 to KRW 40 on the same year, KRW 60 on the total of KRW 90,00 on the retirement of KRW 40 on the same year, KRW 65,00 on August 23, 2016, KRW 90 on the total of KRW 40,00 on the retirement of KRW 5,00 on the same year; KRW 610,00 on August 8, 2016; KRW 10,000 on the retirement of KRW 5,00 on the same year; KRW 610,00 on the same year to KRW 90,00 on the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the E, G, D, and F respective statements and petitions;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;