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(영문) 수원지방법원 2013.04.17 2013고정175
근로기준법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is an employer who has operated the Manufacturing Business Co., Ltd. by employing 12 full-time workers in C in eternity City.

When a worker retires, the employer shall pay wages, compensations, and other money or valuables within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned about the extension of the payment period.

Nevertheless, on May 31, 2011, the Defendant did not pay KRW 4,293,903 of the retirement allowances of workers D, who were employed at the same workplace and retired, within 14 days from the date of occurrence of the cause for payment without any agreement on the extension of the due date for payment between the parties concerned, and did not pay KRW 7,030,273 in total among two employees, as shown in the [Attachment] No. 4, 7 from around that time to April 2012, without any agreement on the extension of the due date for payment between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement and a written petition;

1. Application of Acts and subordinate statutes on the calculation of personal arrears, average wages, and retirement allowances;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is an employer who has operated a manufacturing chain C, employing 12 full-time workers in C in the ethic City B.

When a worker retires, the employer shall pay wages, compensations, and other money or valuables within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned about the extension of the payment period.

Nevertheless, on May 31, 201, the Defendant did not agree on KRW 9,257,323 of G retirement allowances of retired workers while working in the workplace at the same workplace and extended the payment date between the parties concerned.

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