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(영문) 수원지방법원 안산지원 2013.05.28 2013고단692

근로기준법위반등

Text

Defendant 70,000 won a fine for the crimes listed in the attached list No. 19 per annum, and the attached list No. 12.

Reasons

Punishment of the crime

On August 28, 2012, the Defendant was sentenced to one year of suspended sentence for violating the Noise and Vibration Control Act in the Suwon District Court’s Ansan Branch, and the judgment becomes final and conclusive on September 5, 2012, and is an employer who operates the manufacturing business by employing 25 full-time workers as the representative director of the B stock company at the time of Si interest.

The Defendant did not pay KRW 1,396,90,00 as wages of October 2012, 201, which he/she worked at the said workplace from February 25, 2012 to October 31, 2012, within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the due date.

In addition, the Defendant did not pay the total of KRW 11,96,380 and the total of KRW 12,097,450 including five workers, as indicated in the attached Table No. 12,16,16, and 19,000 as well as the attached Table No. 12,16, and 19, respectively, within 14 days from the date on which the cause for payment occurred,

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. E statements;

1. A statement of calculation of average wages and retirement allowances (Evidence records 276, 277, 278, 279);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and defendant's statutory statement;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);

1. Article 40 and Article 50 of the Criminal Act (attached Table 12, 16, and 18 Nos. 12, 16, and 18, each of the violation of the Labor Standards Act, each of the violation of the Guarantee of Workers' Retirement Benefits Act, each of the violation of the Labor Standards Act stated in the attached Table No. 19, and the violation of the Guarantee

1. Selection of each alternative fine for punishment;

1. Violation of the Noise and Vibration Control Act as stated in the judgment of the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes, and violation of the Guarantee of Workers' Retirement Benefits Act as stated in the attached list No. 19 per annum.