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(영문) 수원지방법원 2013.08.13 2012고단4414
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who employs five full-time workers in Suwon-si B Building 713 and operates the “C” as a building company.

When a worker retires, the employer shall pay wages, compensations, and other money or valuables within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned regarding the extension of the payment period.

Nevertheless, the Defendant, at around February 25, 2012, did not pay KRW 3,360,000 of the wages of 3,360,000 of workers D, retired while working in the above workplace, within 14 days from the date of occurrence of the cause for payment without any agreement on the extension of the due date for payment between the parties, and did not pay KRW 29,560,000 for the total wages of 3 workers from May 31, 2012 to May 31, 2012 without any agreement on the extension of the due date for payment between the parties.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of respective Acts and subordinate statutes of E, D, and F;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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

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

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

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