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(영문) 수원지방법원 2013.11.13 2013고정2644
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has operated C in Suwon-si and operates a communications device sales business using two full-time workers.

1. 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, at the foregoing place of business, worked as a mobile phone dealer from September 4, 2010 to June 15, 2012 and did not pay KRW 1,800,000 in March 2012, May 2012, 1,80,000 in wages, and KRW 90,000 in wages in June 2012, and KRW 4,50,000 in total, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 1,358,040 of D retirement allowances, which had been employed in the above workplace for the period specified in paragraph (1) above, within 14 days from the date of retirement in which the cause for payment occurred, without agreement between the parties to the extension of the due date

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing D’s petition;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201) and the choice of fines, respectively,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

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