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(영문) 수원지방법원 2015.03.25 2014고단7061
근로기준법위반등
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant, as the representative of C, is an employer who employs 70 full-time workers and operates ELP engine development business, etc.

Defendant is working for C in Young-gu, Suwon-si, Suwon-si, Seoul and from September 18, 2008 to June 11, 2014.

The retired E’s wages of KRW 2,918,924, the total of KRW 958,974, the bonus of January 2014, KRW 3219,924, the wage of February 2014, KRW 219,924, the wage of March 2, 2014, KRW 334,320, retirement allowance of KRW 4,625,833, and KRW 14,99,00,000, KRW 14,934,89, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the current state of arrears and calculation details of retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid 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 dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative of the Co., Ltd., is an employer who runs the ELP engine development business, etc. using 70 full-time workers.

The Defendant is working for C in Young-gu, Suwon-si, Suwon-si, Seoul, and from January 3, 2005 to January 31, 2014.

B-retirement 21,771,305 won in total, including 4,696,659 won in January 201, and 12,226,923 won in bonuses and 4,847,723 won in January 1, 2014, did not pay 21,771,305 won in total within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. This part of the facts charged is a crime falling under Article 109(1) of the Labor Standards Act, which falls under Article 109(2) of the same Act or Article 44 Subparag. 1 or 9 of the Guarantee of Workers' Retirement Benefits Act, and is the victim’s express will under the proviso of Article 44 of the same

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