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(영문) 수원지방법원 평택지원 2018.03.16 2017고단2015
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2017 Highest 2015] Defendant Co., Ltd., in Pyeongtaek-si B, is the representative director of the Co., Ltd., which is located in Pyeongtaek-si B, who runs the manufacturing industry using ten full-time workers.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred.

Nevertheless, the defendant in the above workplace from April 3, 2017 to the same year.

5. Until March 31, 200, a total of 27,588,876 won, including the total of 6,033,328 won of wages of retired workers D, was not paid within 14 days from the date of their retirement without an agreement on the extension of the payment period between the parties concerned, as shown in the list of crimes in the attached Table.

[2018 Highest 134] The defendant is the representative of Pyeongtaek-si Co., Ltd. in Pyeongtaek-si B, who operates a manufacturing business of general industrial machinery using ten full-time workers.

When an employee retires, the employer shall pay him/her wages within fourteen days after the cause for such payment occurred.

The Defendant, while working in the said workplace from April 3, 2017 to May 31, 2017, had not paid KRW 5,316,648, total amount of wages of KRW 2,566,648 on April 4, 2017, and KRW 2,750,000 on May 3, 2017, as well as KRW 5,316,648 on the date of retirement within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

[2017 Highest 2015]

1. Statement by the defendant in court;

1. Each statement of F, D, G, H, and I;

1. A written confirmation of arrears with wages;

1. Details of confirmation of fact, such as telephone;

1. Each written petition (2018 high order 134);

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on a petition;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of each alternative fine for punishment;

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

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

1. Sentencing elements of sentencing in Article 334(1) of the Criminal Procedure Act for the Provisional Payment Order: this is the case.

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