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(영문) 수원지방법원 안산지원 2014.08.12 2014고정316
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the representative of (State) D in Si interest-si, is an employer who provides service (electric safety control agency) using six regular workers as a representative of Si interest-si.

1. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 26,817,098 of E retirement pay, which was worked from July 1, 2004 to July 12, 2013 at the above workplace, within 14 days from the date of retirement where the cause for the payment occurred, without agreement between the parties on the extension of the due date.

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

Nevertheless, the Defendant did not pay KRW 5,80,976 in total, including KRW 1,774,560,000,000,000,000,000,000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements concerning E;

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

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 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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