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(영문) 수원지방법원 안산지원 2014.05.27 2014고단381
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

When a worker retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

The Defendant, from June 1, 2005 to January 31, 2013, employs 18 full-time workers from the trade name, Ansan-si, a member B, and operates the manufacturing industry, and employs eight full-time workers from February 1, 2013 to D, and actually operates the manufacturing industry by changing the trade name from the same address from February 1, 2013 to D.

The Defendant did not pay KRW 2,80,00 in total and KRW 14,094,92 in total and KRW 14,094,92 in the amount of wages of 3,880,000 and retirement allowances of 8,068,325 on February 1, 2013 within 14 days from the time when he/she retired, even though he/she retired from office from office from office from office from office from October 22, 2012 to February 1, 2013, the Defendant did not pay KRW 1,454,60 in total and KRW 14,54,260 in the absence of an agreement between the parties concerned within 14 days from the time when he/she retired from office, even though he/she retired from office, and did not pay KRW 1,454,260 in total without having reached an agreement between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the police of E (2)

1. A written petition;

1. Application of Acts and subordinate statutes to data submitted by the Ansan Employment and Labor Branch Office (including details of delayed payment);

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

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. An agreement is reached with the workers equivalent to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and F receives the total amount of the instant overdue wages during the auction procedure of real estate rental, and all other circumstances.

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