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(영문) 수원지방법원 2017.02.09 2016고정1393
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 a D representative in the Ssung City, who is an employer who operates a manufacturing business (main supplies) using four full-time workers.

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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant served from November 1, 2014 to July 31, 2015 for retired workers E, and paid 6,280,000 won for June 2015, wages of 3,000,000 won for July 1, 2015, and from April 1, 2015 to July 31, 2015 for retired workers F, and did not pay 6,280,000 won for the total wages of 1,280,000 won for retired workers from July 2015 without an agreement on the extension of payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. In the facts charged, the Defendant is a representative D in C, who is a full-time employee, and operates a manufacturing business (main supplies) with four full-time employees.

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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from November 1, 2014 to August 31, 2015 for retired workers E who were employed by the Defendant and were employed during the period from August 1, 2015 to August 31, 2015.

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