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(영문) 수원지방법원 2017.08.10 2017고단793
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of K, who is in the Suwon-si J of Suwon-si, who is engaged in the manufacturing industry with 15 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant worked in the above workplace from October 1, 2009 to October 31, 2016, and the facts charged in the indictment of KRW 2,642,030 of L of retired workers in September 2016 and the attached list of crimes are written in which L and M's wages in September 2016 and the wages in October 2016 are changed, respectively. However, since there is no clear error that it is a clerical error and there is no concern that it would be a substantial disadvantage to the defendant's exercise of his/her right to defense, the defendant shall be corrected and recognized without any changes in the indictment.

4,447,060 won in total, 1,805,030 won in October 2016, and 1,826,460 won in September 11, 2013 to October 31, 2016, and retired workers M did not pay 3,25,870 won in total, 3,252,330 won in October 2016, 3,000 won in total, and 4,00 won in 1,42,30 won in 205,30 won in 2016 to 31,07,00 won in total, and 4,00 won in 3,00 won in 20,000 won in 20,000 won in total, 1,897,900 won in 20,000 won in 20,000 won in 36,000 won in 2,016.

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

Nevertheless, the defendant paid 11,039,167 retirement allowances to the above worker L, 5,157,360 retirement allowances to the above worker M, 2,243,218 of retirement allowances to the above worker N, and 7,321,267 of retirement allowances to the above worker N.

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