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(영문) 수원지방법원 성남지원 2014.06.11 2014고정683
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the E (owner) representative in Sungnam-si, Sungnam-si, who runs a logistics delivery business using approximately 30 full-time workers.

The Defendant, as an employee of the foregoing workplace, did not pay KRW 2,274,750 in June 2013, and KRW 1,971,450 in July 2013 within 14 days from the date of his/her retirement without any agreement on the date of payment between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on the current status of unpaid pension holders;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. The summary of the violation of the Labor Standards Act with respect to C among the facts charged in the instant case, which is dismissed under Article 334(1) of the Criminal Procedure Act, is that the Defendant did not pay KRW 2,005,100 of the wages in June 4, 2013, and KRW 1,200,000 of the wages in July 2013, which the Defendant worked from the said company as the manager of the company stated in the criminal facts, within 14 days from the date of retirement without any agreement on extension of the due date between the parties. Accordingly, according to the records, the Defendant cannot institute a public prosecution against the express intent of the victim pursuant to Article 109(2) of the Labor Standards Act, since C has revoked the complaint against the Defendant on May 14, 2014, this part of the public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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