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(영문) 의정부지방법원 2015.07.10 2015고단626
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative director of the "stock company D" in Spocheon-si, who is engaged in textile processing business by using 138 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.

Nevertheless, the Defendant, while serving in the said workplace from May 21, 2013 to July 3, 2014, did not pay KRW 2,700,000 as wages of May 201, 2014, and KRW 2,700,000 as wages of June 2, 2014, and KRW 303,288 as wages of July 2014, and KRW 5,703,288 as retirement allowances and KRW 3,04,529 as wages of 3,04,529 as wages of 5,70,000 from the date of retirement within 14 days from the date of retirement without agreement on the extension of the due date.

(attached Table 140), summary of the evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on transaction lists in passbooks, calculation statements of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, 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 an alternative fine for punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant, as the representative director of the “stock company D” in Scheon City C, is an employer who ordinarily employs 138 workers and engages in fiber processing business.

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.

Nevertheless, the Defendant, while working in the said workplace from July 11, 2013 to September 5, 2014, extended the payment period between the parties to the payment period and KRW 2,395,750 on July 7, 2014, and KRW 2,000,000 on August 2014, 200 on retirement pay, and KRW 2,41,262 on retirement pay.

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