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(영문) 수원지방법원 2018.05.29 2018고단250
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, against workers D, E, and F.

Reasons

Punishment of the crime

The defendant, as the representative director of H, G, a company located in G, is an employer who runs a manufacturing business with 22 regular workers.

If a worker retires, the employer would not pay all money and valuables, such as wages, and retirement allowances within 14 days from the date of his/her retirement unless agreed by the parties, but did not pay 18,86,681 won in total within 14 days from the date of his/her retirement, as shown in the attached Table No. 2 of May 2017, 2017, to the worker I who worked for the above company from July 1, 2016 to August 19, 2017, as in the attached Table No. 4,026,810.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written petition by J;

1. Application of Acts and subordinate statutes to a labor contract, a detailed statement of wages, a source collection receipt of wage and salary income, details of overdue transactions, reorganization of transaction details of passbooks, current status of overdue wages, ledger of wages, and

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 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 an alternative fine for punishment;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Part rejecting a prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2

1. The summary of the facts charged is that the Defendant, as the representative director of H, G located in the G, runs a manufacturing business with 22 full-time workers.

An employer shall pay all money and valuables, such as wages, and retirement allowances, within 14 days from the date of retirement, if a worker retires from his/her office without an agreement between the parties concerned. However, in May 5, 2017, with respect to D workers who worked in the above company from April 1, 2015 to September 1, 2017.

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