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(영문) 수원지방법원 2017.01.12 2016고정2748
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of C in Suwon-si, Suwon-si, who employs 20 full-time workers, and operates a manufacturing business of drat assembly with 20 workers.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables 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 working in the said workplace from September 29, 2014 to December 27, 2015, and from March 7, 2016 to May 30, 2016 at the same workplace, and the employee D’s retirement wages of KRW 210,00 for July 7, 2015, the amount of KRW 616,200 for the portion of November 2015, the amount of KRW 1,016,40 for the portion of December 2015, and the amount of KRW 720,00 for the portion of March 20, 2016, and the amount of KRW 2,562,60 for the total amount of wages including KRW 720,00 for the payment period extension between the parties concerned, and did not pay it within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement;

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

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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