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(영문) 청주지방법원 충주지원 2015.10.14 2015고정82
근로기준법위반등
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The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, public prosecution against victims C, D, E, F, and G is instituted.

Reasons

Punishment of the crime

The Defendant is a representative of the I in Chungcheong-gun H, who runs a mushroom cultivation business using eight full-time workers. A.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement unless there exists an agreement for extension of the due date.

Nevertheless, the Defendant did not pay 2,031,045 won in total, 2,031,045 won from the date of retirement within 14 days from the date of retirement, as well as 664,935 won in September 2014 by the J, K, and L, who worked in the said workplace from November 9, 2013 to September 18, 2014.

(b) An employer shall pay a retirement allowance within 14 days from the date of retirement unless the employer has agreed to extend the due date for the retirement of an employee.

Nevertheless, the Defendant did not pay 286,475 won of retirement allowance and 345,870 won of K's retirement allowance from November 9, 2013 to September 18, 2014 at the same place of business within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written petition;

1. Submission of data related to the delayed payment of wages, factual relations (including each accompanying document), details of confirmation, and application of each Act and subordinate statute of a criminal investigation report;

1. Relevant legal provisions and Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

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

1. Selection of an alternative fine for punishment;

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Article 59 of the Criminal Act of the Suspension of Sentence

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