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(영문) 수원지방법원 안산지원 2015.10.21 2015고정1183
근로기준법위반등
Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is an operator of E (ju) in Ansan-si, a member D, who runs an electronic component manufacturing business using 12 full-time workers.

From August 14, 2014 to December 29, 2014, the Defendant did not pay the total of KRW 3,000,399 to workers F who provided labor at the said workplace within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including attached documents);

1. Statement of the police concerning B (including attached documents);

1. Application of the Acts and subordinate statutes to the accusation and petition prepared B;

1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act, the choice of fines (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006);

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 this part of the facts charged is that the Defendant is an operator of E (State) in Ansan-si, a member D, who runs an electronic component manufacturing business using 12 full-time workers.

When a worker retires, an employer in violation of the Labor Standards Act shall pay the wages within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 2,308,50,09 in total amount of wages of workers B retired while working at the same workplace from July 5, 2013 to January 24, 2015, and did not pay KRW 5,064,585 in total for two workers listed in the attached Table 1 and 2, within 14 days from the date of retirement without agreement on the extension of the due date.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, within fourteen days after the cause for such payment occurred; and

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