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(영문) 수원지방법원 안양지원 2017.06.23 2017고정307
근로기준법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual representative of C Co., Ltd. in Ansan-gu B, 2-3, Ansan-gu, and is an employer who runs food service business using two full-time workers.

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

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

Nevertheless, the Defendant, at the place of business of C, worked from March 21, 2016 to September 3, 2016, did not pay KRW 170,000,000 for retired workers D’ wages on April 2, 2016, KRW 3.2 million on May 2016, KRW 3.2 million on June 2016, KRW 3.2 million on July 2016, KRW 3.2 million on July 2016, and KRW 14.5 million on August 201, to extend the payment date without agreement between the parties concerned.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

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

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

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