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(영문) 춘천지방법원 원주지원 2015.09.23 2015고정312
근로기준법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the Cautomobile Industrial Complex in the original city B, and is the employer who employs seven full-time workers and carries on the comprehensive automobile maintenance business.

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

Nevertheless, the Defendant, from December 1, 2014 to February 28, 2015, worked as a maintenance business operator from the above C&A company, and was retired from his/her office on February 2, 2015, did not pay KRW 1,000,000 within 14 days from the date of retirement without extending the due date under an agreement between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, from June 30, 2002 to February 25, 2015, the Defendant served as a maintenance service worker from the above C&A company and served as an accounting worker in the same C&A company from May 2, 201 to March 31, 2015, and paid 36,298,824 won, including 4,701,369 won in total, and 36,298,824 won in total, which were retired from office, within 14 days from the date of retirement without extending the due date under an agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Details of confirmation of telephone, etc.;

1. Two copies of a retirement allowance calculation statement and the application of statutes to wage ledgers;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of each fine for negligence;

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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