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(영문) 수원지방법원 안산지원 2018.02.27 2017고단2798
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a business owner of the D office in Si Heung-si, who is engaged in the manufacturing industry with six full-time workers.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay 14,049,490 won, including 1,00,000 won for the portion of December 5, 2016 to December 17, 2016, as well as 14,049,490 won for each individual in arrears, within 14 days from the date of retirement where the cause for payment occurred, without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant laws and regulations of E, F, G, H and I;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant, as the business owner of the D office in Si interesting C, is an employer who runs a manufacturing business using six full-time workers.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant did not agree on the extension of the payment date between the parties, as in March 2, 2017 to March 22, 2017, the amount of KRW 1,388,900, which had worked from March 2, 2017 to March 22, 2017, as in the instant business establishment’s re-written statement of arrears by individual.

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