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(영문) 수원지방법원 2015.12.09 2015고단4562
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of the LABD in the sixth floor of Suwon-si, who is a user who conducts electronic equipment development business using 20 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while serving in the said workplace from February 9, 2015 to April 22, 2015 and retired from the said workplace, did not pay the total of KRW 37,95,417 won in total, and KRW 37,951,86, and KRW 210 in total, KRW 2,548,68 in the wage of April 2015 and KRW 3,960,568 in the annexed crime list, as described in the annexed crime list Nos. 1 to 4,6, and 7, as shown in the annexed crime list No. 34,995,417 and the attached crime No. 2 and 3 in the annexed crime list No. 2 and No. 3,951,210 in total, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective simplified statements of H, G, I, J, E, and F

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, each of the relevant laws on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each selective fine for punishment (such as the fact that the defendant acknowledges and reflects the crime, and that approximately KRW 41 million is deemed to have been paid out of the unpaid wages and retirement allowances as indicated in the judgment);

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

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 the representative director of the Dispute Resolution D, who is a user of the electronic equipment development business using 20 full-time workers, and the employee B retired while working as shown in No. 5 of the annexed crime list at the workplace in the ruling.

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