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(영문) 수원지방법원 안산지원 2019.07.18 2019고정418
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates a manufacturing business by employing workers as a representative of the members B and C of Ansan-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 from August 6, 2018 at the above workplace to the same year.

9. Working until December 9.

Retired E’s wage of 2,640,000 won in August 2018, wage of 1,400,000 won in September 2018, and working for the same period.

Amounting to KRW 2,640,00 of the retired FF’s wages in August 2018, and KRW 1,400,000 of September 2018, the same year

9. Working from June to December of the same month

G's total amount of KRW 9,480,000 in September 2018 was not paid within 14 days from the date of retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E, F and G;

1. Article 109(1) and Article 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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