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(영문) 수원지방법원 2017.05.11 2016고단7008
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 is the representative of the Co., Ltd. C in the period of harmony and is an employer who runs a manufacturing business with 40 full-time workers.

The Defendant did not pay KRW 1,70,00 of D’s wages for July 1, 2016, and KRW 679,000 of retirement allowances and KRW 1,838,156 of wages for August 2016, as well as KRW 679,00 of retirement allowances and KRW 1,838,156 of retirement allowances from July 11, 2015 to August 12, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D’s authenticity and written statements;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant is the representative of C Co., Ltd., in the period of harmony B, who ordinarily employs 40 workers and operates a manufacturing business.

The Defendant did not pay 270,865,036 won in total of wages and retirement allowances to 39 workers within 14 days from the date of retirement, as shown in the attached Table Nos. 1 to 39 of the date of retirement, as well as 2,306,515 won in July 2016, 2016, and 2,000 won in August 2016, 2016, which were retired from office while serving in the said workplace from around November 20, 2015 to August 31, 2016, without an agreement between the parties on the extension of payment period.

2. Of these facts charged, the fact that each wage, etc. is unpaid is an offense falling under Article 109(1) and Article 36 of the Labor Standards Act, and the fact that each of the retirement allowances is unpaid is an offense falling under Article 44 subparag. 1 and Article 9 of the Labor Standards Act.

Article 109 (2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Retirement Benefits for Workers.

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