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(영문) 수원지방법원 안양지원 2018.02.07 2017고정597
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an actual manager of the C Co., Ltd. located in Ansan-gu B at Ansan-si, and is an employer who runs a construction business using ten full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 878,842,00 from the date of retirement to the lapse of 14 days from the date of retirement without agreement between the parties concerned with respect to the extension of the payment period, including the amount of KRW 3.5 million wage of KRW 3.5 million on January 2016, the amount of KRW 3.5 million on February 2016, the amount of wage of KRW 3.5 million on March 2016, and the amount of wage of KRW 1789,842 on March 2016.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay the retirement allowance of 3489,988,000,000,000,000,000,000,000,000,000,000,000,0000,000,000

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes in the protocol of examination of witnesses other than the trial date on witnesses D;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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