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(영문) 수원지방법원 성남지원 2013.11.29 2013고정1450

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

[2013 High Court 1450] The defendant is a C representative in Seongbuk-gu, Sungnam-si, who operates a physical training facility.

1. The Defendant did not pay KRW 4,43,788, including the sum of D’s annual paid leave allowances of KRW 1,212,660 and retirement allowances of KRW 3,221,128, which were worked at the aforementioned workplace from February 1, 2009 to February 15, 2012, within 14 days from the date of retirement, without an agreement between the parties on extension of the due date.

2. The Defendant did not pay KRW 740,452 on August 20, 2012, which was worked in the foregoing workplace from February 20, 2012 to August 19, 2012, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

[2013 High Court Decision 20159] The defendant is a C representative in Seongbuk-gu, Sungnam-si, who operates a physical training facility.

1. The Defendant did not pay the sum of three wages, including 1,618,420 won on August 1, 2012, 201, paid 680,000 won on August 11, 2012, and 3,298,420 won on August 20, 2012, G that served from January 11, 201 to August 20, 2012, as wages of KRW 1,00,000, and H that served from January 6, 207 to August 20, 2012, including three wages of KRW 1,618,420 on August 20, 2012, within 14 days from the date of retirement without agreement between the parties to the payment.

2. The Defendant did not pay the total amount of KRW 7,967,090, including two retirement allowances of the above G, including KRW 2,500,000, and KRW 5,467,090, as well as the retirement allowances of the above H, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of D, E, F, G and H;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;