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(영문) 수원지방법원 평택지원 2013.03.07 2012고정740
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative of Pyeongtaek-si B, operates food food business with five regular workers employed. The employer, when a worker retires, did not pay all money and valuables, such as wages, within 14 days from the time when the cause for such payment occurred, even though he/she did not pay all money and valuables within the said workplace from September 20, 2009 to March 4, 2012, and did not pay 1,00,000,000 wages for the period of work from February 20, 2012 to March 4, 2012, and total amount of 2,026,940,000, including retirement allowances of 1,026,940 won for the total period of work within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. C’s petition and each written statement;

1. Application of Acts and subordinate statutes of a retirement allowance calculation statement;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Articles 70 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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