logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.01.13 2015고단1612
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant operates a manufacturing business using 23 full-time workers under the name of "O" in the name of "O" in Mosung City.

When a worker retires, an employer shall pay wages, compensations, and other money and valuables within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment date.

Nevertheless, the Defendant, from February 20, 2014 to September 30, 2014, did not pay retirement allowances of 800,000 won of P retired from the said workplace and of 15,928,790 won of Q retired from office from September 20, 2014 to December 14, 2014 as well as R, S, T, U,V,W, and 7 retirement allowances, within 14 days from the date on which the grounds for payment occurred, without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police in relation to U, V, W, Q and R;

1. Application of the laws and subordinate statutes of P's written statement, U, W, V, T, and S;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts; Article 44 Subparag. 1, Article 9 of the Guarantee of Workers' Retirement Benefits Act; and Article 109(1) and Article 46 of the same Act concerning the selection of a fine for negligence;

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

1. The reason for sentencing prescribed in Articles 70(1) and 69(2) of the Criminal Act is that it is not likely that wages or retirement allowances may not be paid to workers on the ground that workers made good faith efforts, such as inserting personal property, etc. to live an enterprise operated by the defendant for the reason of sentencing.

The fact that 12 victims who did not receive retirement pay do not want to be punished by the defendant, the wages and retirement allowances are not settled only for eight persons, and in the case of the remaining eight persons, the amount of damage remaining by receiving substitute payments is not so big, and the defendant is in a state of economic bankruptcy.

arrow