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Reasons
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(영문) 수원지방법원 2013.12.19 2013고정1640
근로기준법위반등
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. located in Yeongdeungpo-gu 1101, Suwon-si, which is a user who has run food wholesale and retail business using 50 full-time workers.

When a worker retires, the employer shall pay wages, and all other money or valuables, within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.

Nevertheless, the Defendant, while working in the said workplace from September 1, 2009 to November 30, 2012, did not pay 10,723,30 won in total of six workers, as shown in the attached crime list, as well as 10,723,30 won in total, as stated in the attached crime list, within 14 days after the cause for the payment occurred without an agreement on the extension of the payment period between the parties concerned.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.

Nevertheless, the Defendant did not pay the retirement allowance of KRW 5,360,520 to retired workers D within 14 days from September 1, 2009 to November 30, 2012 without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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