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(영문) 수원지방법원 성남지원 2013.08.09 2013고단52

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant of "2013 Godan52" is an employer who manufactures and sells pressings, etc. using eight full-time workers as the representative director of the (ju) I located in Sungnam-si H in Sungnam-si.

The Defendant did not pay the total amount of KRW 4,451,728 and retirement allowance of KRW 4,654,885 of the LaborJ within 14 days from the date of retirement, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to J

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. The summary of the facts charged is an employer who manufactures and sells a pressing, etc. using eight full-time workers as the representative director of (i) I in Sungnam-si, Sungnam-si, the correction of which is located.

The Defendant did not pay KRW 4,614,113, retirement allowance 2,47,193, total amount of wages of workers B from November 201 to March 2012 at the same workplace without any agreement between the parties on the extension of the due date for payment, and without paying it within 14 days from the date of the occurrence of the cause for payment, and without any agreement on the extension of the due date for payment, the Defendant did not pay the same within 14 days from the date of the occurrence of the cause for payment without any agreement on the extension of the due date for payment.

2. The facts charged in this part of the judgment are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the express intent of the victims. Since the above victims expressed their intent not to punish the Defendant after the institution of the prosecution in this case, the Criminal Procedure Act.