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(영문) 의정부지방법원 고양지원 2016.06.16 2015고정1170

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is the C representative director of the Co., Ltd. located in B at the time of strike, who ordinarily employs five workers and operates manufacturing and wholesale business of non-pharmaceutical drugs.

A. The Defendant violated the Labor Standards Act was employed by the said workplace from November 1, 2013 to March 20, 2015. The Defendant did not pay KRW 34,198,020, total amount of wages of four workers, as stated in the attached crime list, as stated in the attached crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause of payment between the parties, without any agreement on the extension of the day of payment between the parties.

B. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 11,177,770, respectively, within 14 days from the date on which the cause for payment occurred, as stated in the list of crimes in the attached Table, as well as KRW 2,954,350 of the retirement allowances of retired workers D, as well as KRW 11,17,770, in total, as indicated in the list of crimes in the attached Table, at the above workplace, that the Defendant was employed from November 1, 2013 to March 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, and G;

1. Details of unpaid benefits, the wage ledger in 2013, and the application of statutes on the wage ledger in 2014;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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;