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(영문) 수원지방법원 안산지원 2018.07.18 2018고단138
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

Where an employer who engages in a manufacturing business with 20 full-time workers as the representative of P Co., Ltd. located in P Co. 715, the defendant shall pay wages, compensations, retirement allowances, and all other money and valuables within 14 days from the time when the grounds for payment occur: Provided, That the date may be extended by mutual agreement between the parties concerned, in extenuating circumstances.

Defendant Q’s work from June 1, 2016 to August 31, 2017 at the same place of business, and Defendant Q’s retirement allowance of KRW 2,500,000, retirement allowance of KRW 3,062,090 on August 8, 2017, did not pay each of them within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline between the parties.

Defendant 1 worked from June 21, 2017 to July 21, 2017 at the same place of business, and did not pay KRW 1,693,548 of the retired R on July 7, 2017, and did not pay KRW 9,108,440 in total for three wages of three retired workers within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as shown in the list of crimes in attached Table 1.

Defendant 2, “2018 Highest 1142,” had worked from November 2, 2015 to March 23, 2017 at the same place of business, and did not pay the retirement allowances of KRW 1,483,870, retirement allowances of KRW 2,783,560 on March 2, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Defendant 1 worked from December 13, 2016 to February 7, 2017 at the same place of business and did not pay the total of KRW 1,260,000 in wages on January 1, 2017, and KRW 1,260,000 in wages on February 2, 2017, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

Summary of Evidence

[2018 Highest 138]

1. Statement by the defendant in court;

1. Q Q’s petition (2018 highest 579);

1. Statement by the defendant in court;

1. Each police statement made to A or U;

1. R's written petition (2018 high order 1142);

1. The defendant's person;

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