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(영문) 수원지방법원 2020.02.07 2019고단2312
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs high-functional ethylene film manufacturing business using three full-time workers, who is a building B and C (State) D representative director.

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

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

Nevertheless, the Defendant is serving from January 5, 2014 to September 30, 2017 at the above workplace, and from February 20, 2018 to December 1, 2018, respectively.

A retired E’s total amount of KRW 8,401,904, including the wage and annual allowances, and KRW 44,585,743, and labor from January 2, 2014 to November 30, 2018, such as the money and valuables in arrears with two employees, as indicated in the attached crime list.

The retired F's retirement pay of 11,843,892 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A petition, the details of payment of wages, the calculation of retirement allowances, the details of non-payment of holiday leave allowances, the details of payment of annual leave allowances, the details of non-payment of weekly paid leave allowances, E, F holiday leave, and the work days;

1. Business registration certificate;

1. Application of Acts and subordinate statutes to investigation reports (the monetary report of a labor inspector in charge of dispatch);

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines (the fact that substitute payment was made to E, including the fact that white, reflect, initial criminal, criminal background, background of the crime, substitute payment was made to F, KRW 14,90,000, and KRW 6,999,90 of substitute payment to E);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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