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(영문) 수원지방법원 안산지원 2018.11.15 2018고단2535
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is an employer who actually operates the J, Co., Ltd., Ltd., a business of manufacturing wire communication equipment by employing 160 full-time workers at Ansan-si I.

1. Violation of the Labor Standards Act;

A. The Defendant in arrears with wages for retired workers at the said workplace, without justifiable grounds, did not pay KRW 2,184,395, total sum of the K’s wages, which he/she retired from work on October 1, 2005 through October 13, 2017, and KRW 45,950,198, and ② the amount of L’s wages, etc. that he/she retired from work on January 13, 2016 through December 6, 2017, without any agreement between the parties on the extension of the payment date.

B. Despite the fact that wages in arrears with respect to employed workers are paid at least once a month on a fixed date, the Defendant did not pay the wages of KRW 1,072,035 on February 2, 2017, the amount of wages of KRW 976,400 on March 3, 2017, the amount of wages of KRW 955,360 on April 2017, and the amount of wages of KRW 2,250,415 on September 2, 2017.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) the Defendant did not pay K’s retirement pay of KRW 5,438,137; (b) the N’s retirement pay of KRW 3,372,72; and (c) the amount of KRW 4,413,470 of L’s retirement pay of KRW 4,470, without good cause, after the lapse of 14 days from the retirement

Summary of Evidence

1. Statement by the defendant in court;

1. A petition for K, M, N, or L;

1. Application of Acts and subordinate statutes to the details of overdue debts;

1. Articles 109(1), 36 (outstanding Wages for Retired Workers), 109(1), and 43(2) of the Labor Standards Act (outstanding Wages for Retired Workers), Articles 44 subparag. 1, 9 (outstanding Wages) of the Act on the Guarantee of Retirement Benefits for respective Workers, and the choice of fines for each offense;

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

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

1. The part dismissing the public prosecution under Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment is the facts charged of this case.

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