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(영문) 수원지방법원 안산지원 2013.09.27 2013고단1246
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

The Defendant, under the trade name of Ansan-si, a person who was engaged in wholesale and retail business of medical devices using 11 full-time workers in the name of Ansan-si, and was retired from office from May 16, 201 to December 31, 2012, but did not pay KRW 4,583,400 for the portion of wages of October 1, 201, within 14 days from the time when he/she retired from office without extending the due date under an agreement between the parties.

In addition, the Defendant did not pay 21,121,770 won in total to employees within 14 days from the time when the cause for payment occurred, as set forth in the [Attachment 4-7] Nos. 4 through 7 of the list of crimes committed by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E and H

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, the selection of fines (the reflection of the fact of crime, the workers' cooperation in receiving substitute payments, the absence of previous records and absence of fines, and the victims' partial payment of retirement allowances);

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. When a worker retires from office, the employer of the facts charged shall pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The defendant is a person who has operated the wholesale and retail business of medical devices using 11 full-time workers under the trade name of Ansan-si F from Ansan-si. E who has worked from May 16, 201 to December 31, 2012.

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