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(영문) 수원지방법원 성남지원 2018.11.28 2017고단3201

근로기준법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant 306 of "2018 Highest 306" is a user who runs a game development business using 250 full-time workers as the representative director of (ju) F in the 10th floor of the building E in Seongbuk-gu, Sungnam-si.

When a worker retires, an employer shall pay all money, valuables, and retirement allowances, such as wages, within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment period.

Nevertheless, as shown in (1) Nos. 64 and 41 of the List of Offenses (3) as shown in the List of Offenses, the Defendant did not pay KRW 2,565,710 and KRW 1,786,706 within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties, as in the foregoing place of business from July 18, 2016 to August 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the D’s authentic statement, career certificate, and details of arrears related Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying money or goods, such as wages);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is based on the following: (a) the Defendant has no other criminal records except the same criminal records once; and (b) the payment of overdue wages and retirement allowances with respect to the above D is deemed to have been made; and (c) the sentence is determined as ordered by taking into account

【Dismissal of Public Prosecution’s Office 【2017 Highest 3201, the Defendant is the employer who runs the game development business by ordinarily employing 250 workers, who are the 10th executive director of the 10th unit of the building E in Sung-nam-si, Seongbuk-gu.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, have no agreement on the extension of the day of payment between the parties concerned;