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(영문) 수원지방법원 안산지원 2017.04.26 2016고단4392

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs E in e in ethic City D.

When an employee retires, the employer shall pay him/her wages within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant from March 2, 2015 to the same year.

8. Until April 30, 2015, the amount of KRW 417,830 of the worker F retired after working at the pertinent workplace was 417,830 won, the amount of wage of May 2015, the amount of wage of KRW 343,170, the amount of wage of KRW 516,150, the amount of wage of June 2015, the amount of wage of KRW 1,090,890,890, the amount of wage of July 2015, and the amount of KRW 3,366,860, the amount of wage of August 2015, did not be paid within 14 days from the date of retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to the statements made by each special judicial police officer to G;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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 summary of the facts charged in this case pertaining to B from March 2, 2015 to the same year by the Defendant.

8. Until December 30, 2014, a retired worker B’s wage of KRW 578,940 on December 2, 2014; KRW 941,620 on January 2, 2015; KRW 133,920 on February 2, 2015; KRW 680,760 on March 3, 2015; KRW 527,310 on April 2015; KRW 298,530 on May 2015; and the Defendant did not pay KRW 3,161,080 on May 29, 201 within 14 days from the date of retirement without agreement on the extension of the date of retirement; and the Defendant did not pay KRW 3,161,080 on March 27, 2012 to March 14, 2015 without agreement on retirement allowances within 30 days from the date of retirement.

2. Of the facts charged in the instant case, the facts pertaining to B are those falling under Articles 109(1) and 36 of the Labor Standards Act, and is charged against the victim’s express intent under Article 109(2) of the same Act.