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(영문) 수원지방법원 2018.07.12 2017고단1931
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the D representative director of the corporation located in the first floor of the C and 4 Dong, who was ordinarily employed by 10 full-time workers and operated the manufacturing business of semiconductors.

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

Nevertheless, the Defendant had worked in the said workplace from February 20, 2016 to May 26, 2016 and had retired workers E’ wages of April 3, 2016, and had not paid KRW 15,930,000 in total to three workers as shown in the attached Table Nos. 1 to 33 re-transmission of the arrears of each individual, as well as 15,930,000 in total, within 14 days from retirement without any agreement on the extension of the payment deadline between the parties.

2. An employer shall, if a worker retires, pay a retirement allowance 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 was serving in the said workplace from August 1, 2012 to May 31, 2016 and did not pay KRW 13,977,330 of the F retirement allowances of retired workers within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

Summary of Evidence

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

1. Each written petition of E, G, and F;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes to confirm facts, such as corrective instructions on labor-related Acts and subordinate statutes, obtaining investigation data and reporting thereon, and telephones;

1. Article 109, Articles 109, 1, and 36 of the Labor Standards Act (a point of payment of wages), Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid wages) concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.

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