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(영문) 수원지방법원 2019.01.24 2017고정3391
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant, as a manager of C, a corporation in Mosung City B, is an employer who runs a manufacturing business using approximately seven regular workers.

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

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

However, the Defendant did not pay 2,240,00 won, including the sum of D’s wages of 1,560,000 won in January 10, 2017 and the wage of 680,000,000 won in February 2, 2017, as shown in the annexed crime list, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

In addition, the Defendant did not pay KRW 2,850,00,00 as wages of KRW 2,40,00 in February 10, 2017, and KRW 450,00 in March 2017, which the Defendant worked in the said workplace from February 10, 2017 to March 3, 2017, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and subordinate statutes in writing, 1, D, F, G, H, and I, written statement by the complainants against E;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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

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 of the provisional payment order;

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