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(영문) 수원지방법원 2016.11.24 2016고정2251
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant, as the representative of the C company located in B, is an employer who runs a manufacturing business using 12 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 had worked from April 20, 2012 to August 3, 2015 at the above workplace and had retired KRW 168,213 in June 2015, wages of KRW 1,789,470 in July 2015, and wages of KRW 863,480 in August 2015, within 14 days from October 30, 2015, which is the date of an extension of the due date for payment between the parties; KRW 2,830,163 in total; KRW 163 in March 1, 2015, KRW 80 in June 1, 2015, KRW 1,80 in April 1, 2015; and KRW 1,80 in April 1, 2015; and KRW 1,83 in June 207, 207; and KRW 408 in June 16, 2015; and

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 the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the retirement allowance of KRW 3,169,837 within 14 days from October 30, 2015, which is the date of an extension agreement between the parties on the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written appeal and written statement;

1. Application of Acts and subordinate statutes to each letter of obligation to pay wages;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, Articles 109(1) and 36 of the applicable Act concerning the choice of punishment, subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid),

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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