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Reasons
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(영문) 수원지방법원 2015.02.11 2014고정2866
근로기준법위반등
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a D representative in the Ssung City, who is engaged in the manufacturing industry by employing five full-time workers.

1. The Defendant worked in the foregoing workplace from September 10, 2012 to January 15, 2014, and did not pay 3,510,646 won of the wages of 3,510,646 of December 12, 2013 to E that retired from the workplace within 14 days from the date on which the cause of the occurrence occurred, without any agreement between the parties on the extension of the payment due

2. The Defendant worked in the foregoing workplace from September 10, 2012 to January 15, 2014, and did not pay retirement allowances of KRW 4,356,281 to E that retired from the workplace within 14 days from the date on which the cause of the occurrence of the payment occurred without an agreement between the parties on extension of the payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement asserts that the amount of damages sustained from his/her neglect of duty should be deducted from the wages and retirement allowances. However, since wages are paid in full to workers in currency, it is in principle that the employer does not offset against the worker’s wage claims with the worker’s claims. This is to protect the worker in an economic and social subordinate relationship, and the same applies to the worker’s retirement allowances that the worker is paid with the nature of the wage (see, e.g., Supreme Court en banc Decision 2007Da90760, May 20, 2010). Thus, regardless of the establishment of the above damage claim, the defendant’s assertion is without merit.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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