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(영문) 수원지방법원 안양지원 2019.09.10 2019고정471

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant operated the gold-type C while running in Ansan-si, and (1) from April 20, 2016 to March 16, 2018, the Defendant did not pay KRW 5,209,964 in total, including weekly leave allowances, annual leave allowances, and retirement allowances, as stated in the list of crimes in attached Table D, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date between the parties. (2) From September 26, 2016 to August 7, 2018, the Defendant was working in the said workplace and retired from the said workplace and paid KRW 7,468,072 in total, including weekly leave allowances, annual leave allowances, retirement allowances, etc., written in the list of crimes in E, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the statement of complainants E and D;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually between a violation of the Labor Standards Act by each worker and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of an alternative fine for punishment;

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