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(영문) 수원지방법원 2020.04.23 2020고정290

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 an employer who runs a construction business by employing 30 full-time workers as the representative of Mapo-gu building C in Ansan-si.

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

Nevertheless, from September 27, 2018 to June 10, 2019, the Defendant did not pay KRW 15,695,000 and KRW 4,944,327 of the retirement allowances of workers H, within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment, as stated in the list of offenses, including KRW 4,80,000,00 for weekly paid leave allowances, overtime work allowances, and the amount of June 2019, as stated in the separate list of offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G (including the cross-examination);

1. Documents and written statements of G;

1. Investigative report (the confirmation of the date of calculation of the weekly holiday allowance and overtime work allowance);

1. Working details and text messages;

1. Application of Acts and subordinate statutes to a complaint (including a list of complainants attached);

1. Article 109(1) and Article 36 of the Labor Standards Act as applicable to facts constituting an offense, and Article 44 Subparag. 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 (1) 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;