logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.04.09 2013고정2169
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, as a representative in Osan-si C, is an employer who runs human resources supply business using 20 full-time 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 7,880,240 for three workers within 14 days from the date of retirement, as indicated in the attached Form, such as the wage of KRW 1,211,00 on January 1, 2013 and wage of KRW 1,211,00 on February 2 of the same year, which he/she worked in the above workplace from February 8, 2012 to February 7, 2013.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay the total amount of KRW 3,940,120 of the three employees' retirement allowances within 14 days from the date of the occurrence of the cause for payment without agreement between the parties on the extension of the due date for payment, as stated in the detailed statement of the payment of the E retirement allowances of KRW 1,211,000, which had worked from February 8, 2012 to February 7, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F;

1. Statements made by witnesses G in the fourth trial records, and each statement made by witnesses H and I in the fifth trial records;

1. Partial statement of the police interrogation protocol of the accused;

1. Each authenticity of the E, I and J;

1. Application of the Acts and subordinate statutes governing receipt of G production, such as a report on inspection of completed portion and a written decision of recommending compromise;

1. Each relevant provision of the Labor Standards Act concerning criminal facts;

arrow