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(영문) 수원지방법원 2016.07.21 2016고정1097
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant, as a representative C in the fourth floor of the building Heung-gu Seoul Metropolitan Government, is an employer who conducts a service business (private teaching institute) by using seven full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant employed from October 21, 2012 to June 30, 2015 at the same place of business and retired from the said place of business to June 30, 2015, the monthly wage of KRW 1,500,000, and the monthly wage of KRW 1,500 from March 15, 2015 to September 14, 2015, and did not pay KRW 191,587, the monthly wage of KRW 191,587, the April 191,5, the amount of KRW 191,587, the May 191,587, the amount of KRW 191,587, the amount of KRW 191,587, the amount of KRW 191,587, the amount of KRW 891,587, the amount of KRW 891,587, the amount of KRW 370,471,79.27

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant did not pay 5,120,955 won of retirement pay to D above workers within 14 days from the date of retirement, without agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition;

1. Application of Acts and subordinate statutes to each fact-finding statement;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 of the Criminal Procedure Act of the Provisional Payment Order

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