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(영문) 수원지방법원 안양지원 2015.04.03 2014고정1175
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual representative of the Gu B and 11th floor C in Ansan-si and is an employer who operates a private teaching institute business with six full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 1,254,947 of the wages of workers E who worked in the said workplace from April 29, 2014 to June 9, 2014, as wages of KRW 1,000,000 in June 2014, and wages of KRW 254,947 in March 28, 2013 to March 7, 2014, and the total amount of wages of KRW 1,254,947 in the said two workers from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each of the documents or written statements of E and D to Acts and subordinate statutes;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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;

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