logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2015.06.17 2015고단731
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The Defendant is an employer who has been managing G Company F in Si interest City F.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay him/her wages within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, as indicated in the attached Table No. 4, did not pay 5,527,630 won, in total, of wages from April 8, 2014 to June 5, 2014 of retired workers H and the annual refund of year-end settlement in 2013, within 14 days from the date of retirement without agreement on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 8,303,143 of the retirement allowance of H, as described in the above 1.1., within 14 days from the date of retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Application of each statute of the H’s written statement;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 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 Competition;

1. Selection of an alternative fine to be sentenced (such as the fact that the accused makes a confession and reflects on the fact that the accused has deposited the amount of two million won for workers, etc.);

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 summary of this part of the facts charged is an employer who has run G companies located in F in Si interest. A.

When a worker retires, an employer in violation of the Labor Standards Act shall pay the wages within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant is above from September 1, 201 to May 17, 2014.

arrow