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(영문) 수원지방법원 안산지원 2019.11.27 2019고정749
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is an employer who runs the wholesale and retail business of agricultural and fishery products using ten full-time workers as a member-time worker as a member-gu C building in Ansan-si and the E company in subparagraph d.

When a worker retires, the employer shall pay the wages, compensations, and 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 worked in the foregoing workplace from June 26, 2018 to April 8, 2019 and retired from office from the above workplace, and did not pay the total of two workers’ delayed payment of wages, 4,624,93 won in total, 493 won in April 2019, and 2,333 won in total, 2,343, 333 won in April 27, 2019, and 1,850,000 won in March 27, 2018 to April 7, 2019, G retired from office, and 431,660 won in April 20, 2019, and 2,624,693 won in total, within 14 days in arrears from the date of each of the parties’ retirement without an agreement on the extension between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a written statement of the F and G;

1. Application of employment contract (F)-related Acts and subordinate statutes;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the facts charged in this part of the indictment concerning the dismissal of prosecution pursuant to Article 334(1) of the Criminal Procedure Act is an employer who runs the wholesale and retail business of agricultural and fishery products by using ten full-time workers as the representative of the stock company E. In the above workplace, the Defendant is an employer who works for the wholesale and retail business of agricultural and fishery products from October 1, 2018 to April 10, 2019 and retires from the above workplace without agreement on the extension of the payment date between the parties.

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