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(영문) 수원지방법원 2015.09.14 2015고단3258
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

[Amount of the crime] The actual defendant of the crime is the representative of D in C in chronological C, who runs the manufacturing business using six full-time workers.

When a worker retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay wages of KRW 2,686,679 and retirement allowances of KRW 4,459,987 from the date of retirement to December 20, 2014, which were worked in the above workplace from June 1, 2013 to December 20, 2014, within 14 days from the date of retirement without agreement on extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as employment contracts and telephones;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act / [Article 334 (1) of the Act on the Provisional Payment Order

1. In the facts charged, the Defendant is the representative of D in C, who runs a manufacturing business with six full-time workers.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the wages of KRW 710,00 on January 1, 2014, and wages of KRW 3,596,660 on December 22, 2014, within 14 days from the date of retirement without agreement on extension of the due date for payment, in the above workplace, from September 16, 2014 to December 26, 2014.

2. Determination.

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