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(영문) 수원지방법원 2013.11.14 2013고정1265

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013, fixed 1265] The defendant is the representative of C Co., Ltd. located in Masung City B, who employs ten full-time workers and operates a manufacturing business (bitr).

The Defendant is working in the foregoing workplace from May 29, 2012 to August 3, 2012.

D's 642,860 won of June 2012, wages, 2,269,240 won of July 2012, and wages, 141,820 won of August 2012, 2012, did not pay 3,053,920 won within 14 days from the date of the cause of the occurrence of the payment, without any agreement between the parties on extension of the due date.

[2013 High Court Decision 2643] The defendant is the representative of C Co., Ltd. located in Masung City B, who employs ten full-time workers and operates a manufacturing business (bitr).

1. The Defendant did not pay two workers, including the sum of wages of 3,149,560 won on September 15, 201 through September 28, 2012, including the sum of 1,439,80 won for oil, and the sum of 4,589,360 won for oil, and 1,439,800 won for the period from April 9, 2012 to September 25, 2012, as wages of 1,304,237 won for the period from April 9, 2012; wages of 2,045,913 won for the period from April 15, 2011 to September 28, 2012; wages of 4,860,360 won for the total sum of wages of 4,860,000 won for the period from September 14, 2012 to September 20, 2012.

2. The Defendant is working in the foregoing workplace from April 15, 201 to September 28, 2012.

4,557,880 won of retirement pay of retired E was not paid within 14 days from the date of the occurrence of the cause of the payment without an agreement on the extension of the due date for payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each special judicial police officer against E and F;

1. Application of Acts and subordinate statutes governing D’s authenticity;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and 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 each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.