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(영문) 수원지방법원 2013.05.15 2012고단5793
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the actual representative of the C Co., Ltd. in the third floor of Jongno-gu Seoul Metropolitan Government, who employs five full-time workers and operates a building business.

An employer shall pay wages and other money or valuables within 14 days from the time when the cause for such payment occurred when a worker retires, but the Defendant did not pay wages of KRW 9,067,000 to the retired worker E within 14 days from the time when the cause for such payment occurred without an agreement extending the due date for payment between the parties concerned.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of Acts and subordinate statutes of a petition and a written statement (No. 2 of the evidence list);

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

1. The summary of the facts charged is the actual representative of C Co., Ltd. with the third floor of Jongno-gu Seoul Metropolitan Government 330, who employs five full-time workers and operates a building business.

An employer shall pay wages and all other money and valuables within 14 days from the time when the cause for such payment occurred when a worker retires. However, the Defendant worked at D D D facilities in Suwon District from July 20, 201 to March 16, 2012, and did not pay 9,280,000 won of the retired worker within 14 days from the time when the cause for such payment occurred without an agreement extending the due date for payment between the parties concerned, as described in Nos. 1, 3, and 4 in the list of crimes in the attached Table, and as described in Nos. 1, 3, 120,000 won for three workers’ wages, without an agreement extending the due date for payment between the parties concerned.

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