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(영문) 수원지방법원 2015.01.28 2014고단3111
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is a manager of E (ju) in Da in terms of harmony and employs 26 full-time workers, and operates mechanical manufacturing business.

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

Nevertheless, the Defendant, while working in the same workplace from February 1, 2008 to May 24, 2013, did not pay KRW 7,623,00 of the retired worker F, within 14 days after the ground for the payment occurred without any agreement between the parties on the payment of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s authenticity and written statements to the Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is that the Defendant is the actual manager of E (ju) in E (ju) in E (D), who employs 26 full-time workers, and operates mechanical manufacturing business.

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

Nevertheless, the Defendant did not pay KRW 4,216,670 in December 2013, 2013, and KRW 3,666,660 in January 2014 to employees C who retired from the said workplace from the said workplace from December 19, 2013 to January 20, and without any agreement between the parties on the extension of the due date for payment, within 14 days after the cause for the payment occurred.

2. We examine the judgment, and this part of the facts charged.

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