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(영문) 수원지방법원 2013.05.15 2012고단5945
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant employed 17 full-time workers in F at the time of harmony, and operated G Co., Ltd. in the process of rehabilitation.

An employer shall pay wages and all other money and valuables within 14 days from the time when the cause for such payment occurred when a worker retires. However, the Defendant did not pay 2,124,00 won of the worker H who retired while working in the above company from around December 26, 201 to March 21, 2012, within 14 days from the time when the cause for such payment occurred without an extension agreement between the parties concerned regarding the due date for payment, and did not pay 8,748,00 won of the total wages of H, I, J, and K in the attached list of crimes without an extension agreement between the parties concerned about the due date for payment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of Acts and subordinate statutes of each written petition (No. 1 and 2 No. 13) and written statement (Evidence List No. 13);

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

1. Articles 70 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 the facts charged is that the Defendant employed 17 full-time workers from the F in the G Co., Ltd. and operated the G Co., Ltd. undergoing the rehabilitation procedure.

An employer may pay wages and any other money or valuables within 14 days from the time when the cause for such payment occurred when a worker retired from office. However, the Defendant stated in the list of annexed crimes, including that the Defendant did not pay wages of KRW 34,750,190 and retirement allowances of KRW 22,20,090 as well as retirement allowances of KRW 22,20,090, when the cause for such payment occurred without an agreement extending the payment period between the parties concerned.

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