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(영문) 광주지방법원 2018.10.25 2018고정736

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a user who operates multi-family housing management business using two full-time workers as the representative of the representative council of occupants of the residents' representative council of Gwangju North-gu D apartment.

1. From October 9, 2013 to July 31, 2017, the Defendant violated the Labor Standards Act: (a) paid KRW 900,00,000, which is below the minimum wage amount of KRW 1,448,380, as wages; and (b) did not pay the remainder of KRW 548,380, which is below the minimum wage, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned, as stated in the detailed statement of arrears in the attached Form.

2. The Defendant violated the Workers’ Retirement Benefit Security Act (hereinafter “Defendant”) did not pay KRW 6,710,420,00 from October 9, 2013 to July 31, 2017, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. The protocol of the police statement to E, part of the police statement to F (including the identification number attached thereto and the place of guard service);

1. Each employment contract attached to a report on seizure; and

1. Details of arrears, average wages, and calculation statements of retirement allowances attached to the report as a result of internal investigation;

1. Application of investigative reports (the method of calculating working hours) Acts and subordinate statutes;

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

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