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(영문) 수원지방법원 성남지원 2014.03.14 2014고정1

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of D in Seongbuk-gu, Sungnam-si, who is an employer who runs a Chinese restaurant using 14 regular workers.

The Defendant did not pay KRW 2,50,244 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment, as well as KRW 2,508,940 in April 201, 2013, which had worked from December 11, 2004 to April 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid 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. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence);

(a) Penalty suspended: Fines of 500,000 won; and

(b) Detention in a workhouse (100,000 won per day): Articles 70 and 69 (2) of the Criminal Act;