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(영문) 대전지방법원 2013.08.16 2013고정1039

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Daejeon P, who is a full-time worker, and operates the manufacturing industry (industrial machinery) with one full-time worker.

From April 6, 201 to January 31, 2013, the Defendant worked as a anti-truing service and did not pay the retired employee E’s wages of KRW 2,500,000 in November 201, 2012, wages of KRW 2,500,000 in December 2012, and wages of KRW 2,50,000 in January 2, 2013, and retirement allowances of KRW 2,341,793 in December 201, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. In light of the fact that there are no previous convictions in the sentencing of Article 334(1) of the Criminal Procedure Act, there are circumstances to consider the reason for the sentencing of Article 334(1) of the Provisional Payment Order, the defendant has a damage claim arising from the embezzlement of E, and the defendant deposits the total amount of unpaid wages and retirement allowances totaling KRW 9,841,793 according to the provisional seizure of claims E, thereby securing the payment of E's wages and retirement allowances.