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(영문) 수원지방법원 안산지원 2014.09.18 2014고정1193

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 (ju)C in Ansan-si, an employer who runs a vehicle maintenance business using seven full-time workers as the representative of the (ju)C.

1. The Defendant violated the Labor Standards Act: (a) from May 2, 2012 to April 10, 2014, the Defendant did not pay KRW 20,427,090 as well as KRW 6,560,000 for the total amount of wages to four workers, as indicated in the attached crime list, within 14 days from each retirement date, without any agreement on the extension of the payment date between the parties concerned.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 6,238,160 won of retirement allowances of workers D who provided labor to the said workplace from May 2, 2012 to April 10, 2014 within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each authentic statement and the Acts and subordinate statutes reporting criminal facts;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively, for 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 (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;