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(영문) 수원지방법원 2017.05.24 2016고정3165
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the employer who runs the automobile repair business with ten full-time workers in the Heung-gu Seoul Metropolitan Government Co., Ltd.

1. The Defendant did not pay the total amount of KRW 13,279,130 for five workers within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline, as stated in the attached Table, as well as the total amount of KRW 13,279,130 for five workers, including the amount of KRW 1,00,00,000, which worked from July 1, 2014 to October 15, 2015.

2. The Defendant did not pay the total amount of KRW 14,634,878 as well as KRW 2,583,33 of the above D’s retirement pay to five employees within 14 days from the date of retirement without agreement between the parties to the extension of payment due date, as stated in the separate personal arrears records.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Each petition of F, G, E, and H;

1. Article 109(1) and Article 36 of the Labor Standards Act, applicable to the details of wage accounts, details of transactions of wage accounts, and applicable Acts and subordinate statutes, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act (a point of non-payment of wages);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the provisions of the Labor Standards Act for each worker, between a violation of the same Act for each worker, the violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment provided for in the violation of the same Act with heavier quality of the crime);

1. Selection of each alternative fine for punishment;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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