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(영문) 수원지방법원 안산지원 2016.06.23 2016고단1275
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, against Workers B and C respectively.

Reasons

Punishment of the crime

The defendant is the representative of E, Co., Ltd., the electronic parts manufacturing company in Ansan-si, and is 20 full-time workers.

1. When an employer in violation of the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables, unless the parties have agreed on the extension of the fixed date, due to special circumstances, within 14 days after the cause for such payment occurred;

From March 11, 2014 to April 12, 2015, the Defendant did not pay KRW 2,396,222, total wages of workers F, who were employed in the said workplace, and KRW 4,684,012, total wages of two workers, including total wages of workers who were employed in the said workplace from June 30, 2014 to April 11, 2015.

2. An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless the parties have agreed to extend the fixed date due to special circumstances.

The Defendant did not pay KRW 2,380,826 of the F’s retirement pay to workers retired from the said workplace from March 11, 2014 to April 12, 2015, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the Acts and subordinate statutes stated in a true statement (6) and an investigation report (organization of the money and other valuables in arrears);

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

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

1. Selection of each alternative fine for punishment;

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. A fine of 1,000,000 won to be imposed on the suspension of sentence;

1. Articles 70(1) and 69(2)(i) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

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