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(영문) 수원지방법원 2013.12.19 2013고정1460
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant, as the representative of G Co., Ltd. in F at the time of harmony, is an employer who conducts a manufacturing business (way) with 20 full-time workers.

The Defendant is working in the foregoing workplace from November 6, 201 to September 14, 2012.

A retired worker H’s wage of 491,960 won for July 2012, wage of 1,486,430 won for August 2012, and wage of 193,450 won for September 2012, 2,171,840 won was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on extension of the due date.

B. The Defendant is working in the foregoing workplace from February 7, 2010 to September 14, 2012.

The retirement allowance of H 3,537,540 won was not paid within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of a written statement and a written statement prepared by H to statutes;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, the selection of fines for negligence;

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. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. Summary of the facts charged

A. The Defendant did not pay wages within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, to workers B, C, D, and E, who were retired while working as described in the separate list of crimes, as stated in the relevant column, at the place of business stated in the facts constituting the crime.

(Provided, That the part concerning Workers H in the attached list of crimes is excluded). (B)

The defendant is without agreement between the parties on the extension of the due date for payment of retirement allowances of 1,590,290 won of retirement allowances of d retirement workers retired while working as described in the crime sight table at the above workplace.

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