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(영문) 수원지방법원 성남지원 2018.08.31 2018고단861
근로기준법위반등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution E, which is the Jung-gu, Seongbuk-gu, Seongbuk-gu, Seoul Metropolitan Government, and is an employer who operates the manufacturing business by employing six full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the defendant employed from January 12, 2012 to October 31, 2017 at the above workplace and did not pay KRW 3,100,000 of the retired F's wages in March 3, 2017, KRW 3,100,000 in April 2017, KRW 3,100,000 in May 2017, and KRW 3,100,000 in June 2017, KRW 3,100,00 in wages, KRW 3,100,00 in July 20, 207, KRW 3,100 in wages, KRW 3,100,00 in August 20, KRW 3,100 in wages, KRW 100,00 in wages in September 3, 200, KRW 00 in September 3, 200, KRW 3010 in the attached Table 308,1030.

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

Nevertheless, the defendant employed in the above workplace from January 12, 2012 to October 31, 2017, and did not pay 3,461,429 won in total for three employees, as stated in the attached crime list, as well as 17,580,65 won in total, for three employees, within 14 days from each retirement date, without any agreement on extension of payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes on the calculation of each level of bonus, each retirement allowance, each amount of benefits, and unpaid retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (i.e., payment of wages) and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

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