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(영문) 수원지방법원 안산지원 2015.12.23 2015고단1977
근로기준법위반등
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Criminal facts

The defendant is running security business with 1,00 regular workers as the representative director of (main) PP in the Seocho-gu Seoul Metropolitan Government Obuilding.

1. When a worker dies or retires, the employer shall pay the wages, amount of guarantee, and all 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 KRW 5,163,160, as stated in the attached Table No. 1 through 7, 11, and 22, including the annual leave allowances of R R, which were worked from November 1, 2012 to October 31, 2014 as security guards, and the annual leave allowances of KRW 1,048,00, which were retired, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

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 had worked from November 1, 2012 to October 31, 2014 at the above workplace and did not pay KRW 20,094,753 of the total money and valuables of eight retired workers within 14 days from the date of retirement without agreement on the extension of the due date for payment between each party, as indicated in the attached Table Nos. 1, 2, 4 through 7, 11, and 22, including the amount of retirement pay of R's retirement pay of KRW 3,174,495.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning R, S, T, U, C, and V;

1. Written appeals filed in the form of W, X,Y, and C, respectively;

1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, 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 penalty:

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