beta
(영문) 수원지방법원 2015.01.14 2014고정2955

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant, as the representative of the Dispute Resolution Co., Ltd. in Seoul Jung-gu, Seoul, is a user who operates a service business (maintenance and management of facilities) by employing 50 workers in the city.

1. The Defendant is conducting screen monitoring and cleaning from the F station located in Seocheon-si D Station and E in terms of e, the period from June 23, 2010 to December 31, 201.

G's retirement on June 6, 2010; wage of 398,760 won on July 7, 2010; wage of 431,640 won on August 8, 2010; wage of 349,440 won on September 10, 2010; wage of 448,080 won on October 4, 2010; wage of 349,440 won on December 3, 2010; wage of 382,320 won on December 12, 2011; wage of 384,47.40 won on April 20, 208; wage of 418,41 on August 24, 201; wage of 322,320 won on August 47, 2011; wage of 48,614,618.

2. The Defendant did not pay KRW 1,917,530 of G retirement pay from June 23, 2010 to December 31, 2011, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of H on February 15, 2013, the police officer of H

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to the details of unpaid wages, (G) absence from office or absence from office, details of wage calculation (from June 201 to December 201), average wages and retirement allowances calculation statement

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. Article 70(1) of the Criminal Act for the detention of a workhouse.