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(영문) 의정부지방법원 2013.06.13 2013고정1007
근로기준법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

The defendant is the representative director of E Co., Ltd. in Namyang-si, who has operated riding education and consulting business using 30 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;

Nevertheless, the defendant is working from February 15, 201 to September 19, 2012 at the above workplace.

Without an agreement on the extension of the payment deadline, each of the wages of 60,000 won in the wages of 200,000 won in May 2012, 192, G, and H was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment.

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

Nevertheless, the defendant is working from June 16, 201 to September 8, 2012 at the above workplace.

The retirement allowance of the retired I was not paid 16,263,810 won in total as stated in the attached Form to the Workers I, F, J, G, and H, including 2,484,00 won, within 14 days from the date of the retirement, which is the date of the occurrence of the cause for the payment, without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I and K;

1. Application of each statute of H, K, G, and F;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and the choice of fines, respectively, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Summary of the facts charged

(a) When a worker dies or retires, the employer shall pay the wages within fourteen days after the cause for such payment occurred;

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