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(영문) 수원지방법원 안산지원 2016.05.19 2015고단3957

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the employer who has operated S in R's territory, Inc.

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;

Nevertheless, the Defendant worked at the foregoing workplace from May 1, 2014 to June 30, 2015, and did not pay 7,14,426,80 won in total for eight workers within 14 days from the date of retirement without an agreement on the extension of the due date, as well as 7, 14, 18, 19, 20, 21, 22, 23, and 24 attached crimes.

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

Nevertheless, the defendant did not pay 1,486,160 won of T's retirement allowance of retired workers as described in the above 1.1., within 14 days from the date of retirement, without any agreement on extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police about I in a protocol of public questioning;

1. Application of each Act or subordinate statute to the statement on the petition, the statement on arrears with money or goods, the bonus ledger, the average wage and retirement allowance calculation statement, respectively;

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act (a point of payment of wages), Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and the main sentence of Article 9 of the same Act concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant is an employer who has run S in the facts charged, as indicated in its reasoning.

(a) An employer in violation of the Labor Standards Act shall pay wages within fourteen days after the cause for such payment occurred, in case where the employee retires; and