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(영문) 수원지방법원 2014.11.13 2014고정2732
근로기준법위반등
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the LAF Co., Ltd. in the Sinsi-si, who operates a manufacturing business using 15 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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, at the foregoing place of business, worked from January 26, 201 to November 30, 2013, and retired from the said place of business, did not pay KRW 548,00 in total, and KRW 1,329,30 in total, KRW 1,878,130 in total, and KRW 1,329,30 in November 201, and KRW 14 days from the date of retirement without any agreement on the extension of the due date 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; and

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

Nevertheless, the Defendant worked from January 26, 201 to November 30, 2013 at the same place of business, and did not pay KRW 3,978,810 of D retirement pay within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

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

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1248, Apr. 1, 2

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