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(영문) 수원지방법원 2017.10.26 2017고정2054
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of D Co., Ltd. in Masung City.

If a worker dies or retires, the employer would, unless agreed by the parties concerned, pay all money and valuables, such as wages, within 14 days from the date of occurrence of the cause for such payment. However, the Defendant, from April 12, 2010 to December 31, 2015, did not pay KRW 5,300,011 in total, including the annual paid leave allowances of 2012 to E employed by the said company, within 14 days from the date of his/her retirement, as shown in the attached Table of the details of arrears, as well as the annual paid leave allowances of 2012 to 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the E statement part);

1. Application of Acts and subordinate statutes to investigation reports (organization of details on arrears of unused leave allowances on annual paid leave);

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Punishment to be suspended: 500,000 won per fine;

1. Attraction of a workhouse: 100,000 won per day conversion under Articles 70 (1), 69 (2) and 100,000 won of the Criminal Act;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (The details and degree of commission of the crime, the payment of all the allowances for unused paid leave during the unpaid year, the reflects the mistake, the same kind of crime and the fact that there is no previous conviction, etc.);

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