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(영문) 대전지방법원 천안지원 2015.01.16 2014고단713

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

The defendant is the representative director of G Co., Ltd. in Seo-gu, Seoan-gu, Western-si, who ordinarily employs 17 workers and engages in the business of manufacturing semiconductor equipment.

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

Nevertheless, the Defendant is working at the same workplace from November 11, 2013 to April 10, 2014.

Wages of retired workers H were not paid KRW 9,765,422 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. H’s petition;

1. Application of the detailed statement of benefits and the details of payment;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

1. The part concerning dismissal of prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. Facts charged;

A. The Defendant violating the Labor Standards Act is working at the pertinent workplace from June 1, 2013 to December 13, 2013.

As indicated in the attached list of crimes, including wages of 2,01,960 won on November 201, 2013 for retired workers B, 18,323,791 won in total, including wages of 2,3, D, and E, shall not be paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

B. The Defendant who violated the Guarantee of Workers’ Retirement Benefits Act is working in the same workplace from June 7, 2012 to February 28, 2014.

The retirement allowance of retired workers E was not paid KRW 1,759,170 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. On December 11, 2014, after the institution of public prosecution by the judgment workers B, C, D, and E, the submission of an agreement containing the intent that the Defendant would not be punished to this court. As such, this part of the indictment is dismissed in accordance with Article 109(2) of the Labor Standards Act, the proviso to Article 44(1) of the Guarantee of Workers' Retirement Benefits Act, and Article 327 subparag. 6 of the