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Reasons
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(영문) 수원지방법원 평택지원 2015.07.10 2015고정232
근로기준법위반등
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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant, as the representative of D in Ansan-si C, is an employer who employs eight full-time workers and operates a vehicle maintenance business.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is working in the foregoing workplace from August 13, 2012 to November 1, 2014.

The retired E’s wages of KRW 1,17,00,00 and three wages of KRW 3,608,666, such as E, were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, the Defendant is working from November 28, 2008 to November 2, 2014 at the above workplace.

The retirement allowance of retired F, including KRW 11,920,309, did not pay KRW 27,279,646 in total for four retirement allowances, such as F, as described in the attached list of crimes, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each standard labor contract;

1. Application of Acts and subordinate statutes to each benefit statement;

1. Subparagraph 1 of Article 109 of the Labor Standards Act and Article 36 of the same Act concerning criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of each alternative fine for punishment;

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 of the Criminal Act for the detention of a workhouse.

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