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(영문) 수원지방법원 안산지원 2017.03.09 2017고정139
근로기준법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as a representative in Ansan-si, is an employer who conducts manufacturing business using six full-time workers as a representative in Ansan-si B.

1. If a worker in arrears dies or retires, the employer shall pay him/her wages, compensations, and other money or valuables within 14 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 employed from September 11, 2013 to July 7, 2016 at the above workplace and did not pay the amount of KRW 630,000 to D retired D on July 7, 2016, and did not pay KRW 3,894,510 in total wages to three workers within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table.

2. If a worker in arrears with a retirement allowance retires, the employer shall pay the retirement allowance within 14 days after the ground for such payment occurred;

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

Nevertheless, the defendant employed from September 11, 2013 to July 7, 2016 at the above workplace and did not pay the retirement allowance of KRW 7,650,000 to D retired from the above workplace, and did not pay the total of KRW 19,309,650 to 3 workers within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the relevant Acts and subordinate statutes;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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