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(영문) 수원지방법원 안산지원 2016.12.07 2016고정1207
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

The defendant is an actual management owner of E in Ansan-si, a member of Ansan-si, who has run a manufacturing business with six regular workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 did not pay the total amount of KRW 5,435,080 to three workers within 14 days from the date on which the cause for payment occurred without agreement between the parties to the extension of the payment deadline, as stated in the attached Table Nos. 2, 5, and 6, including KRW 1,505,350 of F who worked from January 1, 2012 to March 31, 2016 at the above workplace, including KRW 1,505,350,080.

2. In case where a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay the F’s retirement allowance of KRW 14,782,353, who worked in the above workplace from January 1, 2012 to March 31, 2016 at the above workplace, within 14 days from the date when the cause for the payment occurred without an agreement between the parties to the extension of the payment deadline, as stated in the table Nos. 2, 4, 5, and 6 of the attached Table No. 2, 4,159,196 of the total retirement allowance of KRW 44,159,196.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of G, H, F, and I

1. Article 109 (1) and Article 36 of the Labor Standards Act as to 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 retirement allowances);

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

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.

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