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(영문) 의정부지방법원 2017.09.07 2017고정1372

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

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

Reasons

Punishment of the crime

The defendant is the representative of D, an incorporated association in Spocheon City C, who employs four full-time workers and operates the business of care for abandoned animals.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 1,340,00, in total, KRW 8,331,935, in December 2016 to the victim E, who had worked in the said workplace from March 10, 2014 to December 23, 2016, and KRW 291,935, in total, and KRW 8,331,935, in December 2016, within 14 days from the date of retirement without agreement on the extension of the date of payment between the parties.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 3,672,975 of the Victim E retirement benefits from March 10, 2014 to December 23, 2016 at the said workplace without any agreement between the parties on the extension of the payment period; (b) within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details on the actual payment of wages;

1. Application of statutes on details of payment of wages at workplace and details of arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense, and 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;