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(영문) 수원지방법원 2020.09.08 2020고단3314
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the column for retirement of the attached list of crimes is the year.

Reasons

Punishment of the crime

The defendant is the employer who runs a manufacturing chain C Co., Ltd. in Mosung City B.

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

Nevertheless, the Defendant, while working in the foregoing workplace from September 1, 2013 to April 30, 2019, did not pay the annual salary of KRW 2,021,00 and retirement allowances of KRW 11,412,670 to retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes governing labor supervision reports;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 16270, Jan. 15, 201); the selection 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. A fine of two million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act, excluding the remaining 20 times a year in the list of crimes);

1. Summary of the facts charged

(a) An employer who has not paid wages, retirement allowances, etc. shall, if a worker retires, pay the wages, retirement allowances, or any other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from September 1, 2006 to October 4, 2019, the Defendant served at the place of business as stated in the facts constituting the crime, and then retired workers F, KRW 1,373,130 on September 1, 2017, KRW 1,373,130 on the bonus in December of the same year, KRW 801,515 on the bonus in March 2018, KRW 801,515 on the bonus in June 201, KRW 515, and KRW 801,515 on the bonus in June 2018.

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