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(영문) 수원지방법원 안산지원 2019.05.15 2019고정76
근로기준법위반
Text

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

Punishment of the crime

The defendant is the representative of Gyeyang-gu, Ansan-si, who is a user who runs the wholesale and retail business of land using four full-time workers.

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.

Nevertheless, the defendant is employed by the defendant's company from September 1, 2016 to May 28, 2018.

A retired worker D’s wage of KRW 1,990,00 on November 201, 2017, KRW 2,200,00 on December 201, 2017, KRW 2,200,00 on January 2018, KRW 200 on wages, KRW 1,720,000 on February 201, 2018, KRW 2,500,00 on March 3, 2018, KRW 2,020,00 on April 2, 2018, and KRW 2,370,000 on May 2, 2018, did not pay KRW 15,00,00 on wages within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Application of Acts and subordinate statutes governing D’s authenticity;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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