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(영문) 의정부지방법원 2015.07.16 2015고정697

근로기준법위반등

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The defendant is the E representative in two weeks, who is a user who runs the original processing business using 15 regular workers. A.

The Defendant did not pay KRW 3,052,624, in total, 3,052,624, including the amount of wages 2,700,000 for December 2013, 2013, annual paid leave allowances 382,752, annual paid leave allowances 2014, and annual paid leave allowances 382,752, and 624, which were worked from July 28, 2011 to February 28, 2014, within 14 days from the date of retirement, without agreement between the parties on extension of the due date.

B. The Defendant did not pay KRW 6,645,728 of the F's retirement allowance of workers F who worked in the foregoing workplace from November 7, 2011 to February 28, 2014 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. The defendant's statement in court (the second trial date);

1. Application of the witness F’s statutory statement Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances) and the choice of each fine concerning criminal facts;

1. The former part of Article 40 of the Criminal Act and Article 50 of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;