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Reasons
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(영문) 수원지방법원 2015.09.10 2015고정1305
근로기준법위반등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual representative of D and E, a corporation located in the wife population C, and is an employer who operates a manufacturing business using four 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 did not pay KRW 122,765 of F working for the period from February 9, 2011 to February 28, 2014 at the same place of business and paid KRW 25,62,765 of F, who had worked for the period from February 9, 2011 to February 28, 2014, and did not pay KRW 25,62,765 in total, as stated in the attached crime list, within 14 days from the date on which the cause for payment occurred, without agreement

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 3,164,380 of F retirement allowances working from February 9, 201 to February 28, 2014 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the F prepared by a special judicial police officer;

1. Details of the arrears of the F;

1. A written statement of average wages and retirement allowances of the petitioner;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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