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(영문) 수원지방법원 2014.05.14 2013고단717
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the corporation C in Gangnam-gu Seoul Metropolitan Government, who employs ten full-time workers and operates real estate sales business.

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

Nevertheless, the Defendant, while working in the main place of business of the company in the Suwon-si Building from June 11, 2012 to October 13, 2012, the Defendant did not pay KRW 7,500,000 of the wages of the retired workers E within 14 days from the time when the cause for payment occurred without an agreement extending the due date for payment between the parties concerned, and did not pay KRW 20,446,70 of the total wages of the nine workers within 14 days from the time when the cause for payment occurred, as shown in the list of crimes in the attached Table, without an agreement extending the due date for payment between the parties concerned.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police petitioner to E;

1. Each written statement of F, G, E, H, I, J, K, L, and M;

1. Each authenticity of J, G, F, H, I, M, K, and L;

1. A statement of N witness;

1. Application of Acts and subordinate statutes to the ledger of operating subsidies;

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

1. Articles 70 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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