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(영문) 수원지방법원 안산지원 2013.10.15 2013고정1438

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 an employer who is a representative of Ansan-si, who is engaged in manufacturing business with eight regular workers.

1. The Defendant did not pay 12,183,717 won in total for five workers, including D’s wage of 1,211,000 won, which worked from September 1, 201 to May 31, 2012 at the above workplace, within 14 days from the date when the cause for the payment occurred without any agreement on the extension of the payment period between the parties concerned, as shown in the attached crime list.

2. The Defendant did not pay KRW 3,3035,044 in total for two employees, as well as KRW 2,645,787, who worked in the said workplace from May 3, 2010 to September 1, 201, within 14 days from the date when the cause for the payment occurred, without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or F;

1. A written statement of G and E;

1. Application of Acts and subordinate statutes on the calculation of average wages and retirement allowances, confirmation of overdue money and valuables, retirement allowances, and payment details;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) and 36 of the same Act, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the point of not paying retirement allowances and the choice of fines);

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;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.