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(영문) 수원지방법원 2019.10.17 2019고정1090
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of D, a corporation in accordance with subparagraph c of the building B with the wife population B, who runs the electrical construction business with five regular workers.

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

Nevertheless, the Defendant worked in the said workplace from May 2, 2017 to December 26, 2018, and did not pay KRW 4,512,90,000, total amount of wages of KRW 2,500,000 on November 2, 2018, and KRW 2,012,90 on December 2, 2018, as well as KRW 4,512,90 on retirement allowances, and KRW 4,053,369 on December 2, 2018, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written evidence and written statement;

1. Application of Acts and subordinate statutes to report on the entry into data;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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