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(영문) 수원지방법원 성남지원 2013.09.27 2013고정926

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the employer who is the representative director of C in the Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City.

1. On September 19, 2012, the Defendant, at around 11:00, notified the employees D of the above company to work only until September 21, 2012 without prior notice and dismissed the Defendant, and did not pay KRW 774,00,00 for each worker’s delayed payment, including the payment of KRW 774,00,00, the Defendant did not pay the total of KRW 3,286,50,000 for each worker’s four advance notice of dismissal, as stated in the attached Table 2 through 4

2. The Defendant did not pay the amount of KRW 1,570,000 on August 8, 2012, 201 to workers E, who worked at the above company from April 4, 2011 to September 7, 2012, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as indicated in the attached Table 1, 6, and 8, including the details of the money and valuables in arrears with respect to each individual within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

3. The Defendant did not pay KRW 2,382,936 of the Workers E’ Retirement Allowance employed by the foregoing Company from April 4, 2011 to September 7, 2012, within 14 days from the date of retirement, including the fact that the Defendant did not pay KRW 2,382,936 within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, as stated in the attached Table No. 1, 3,5, and 8, the sum of six employees’ six retirement allowances, as described in the attached Table No. 1, 3,305,305,

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to F, G, H, D, I, and J;

1. Application of each of the relevant Acts and subordinate statutes;

1. Article 110 subparag. 1 and Article 26 of the Labor Standards Act regarding criminal facts and the choice of punishment (the fact that an advance notice allowance is not paid, the choice of fines), Articles 109(1) and 36 of the Labor Standards Act (the fact that wages, etc. are not paid, the selection of fines, etc.), Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.