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(영문) 대전지방법원 서산지원 2014.04.25 2013고정153

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Co., Ltd. C in Chungcheongnam-gun, Chungcheongnam-gun, and is an employer who conducts golf course management business using 40 full-time workers.

The Defendant is in charge of management of DNA from May 2, 201 to November 30, 2012 at the foregoing workplace.

D's 1,597,483 won of August 2012, 201, wages of 2,135,847 won of September 2012, 2012, wages of 2,151,807 won of October 2012, 2012, 32,140 won of wages of 2,151,807 won of November 2012, 2012, retirement allowances of 3,589,48,564 won of retirement allowances of 11,65,564 won (after tax credit) and 2,000 won of remaining management work from September 19, 201 to November 30, 2012.

The retired E’s wages of August 2012, KRW 1,265,397, KRW 1,812,123 of the wages of September 2012, KRW 1,812,12,123 of the amount of October 2012, KRW 812,123 of the amount of wages of October 2012, KRW 8,700 of the amount of wages of November 1, 2012, KRW 2,291,902 of retirement allowances, KRW 20,60,932 of the total amount of money and valuables of two retired workers, including KRW 9,02,368 of the amount of retirement allowances, was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect by special judicial police officers against the accused;

1. Written petition of D;

1. Statement of confirmation of the trade name of the E and F;

1. Application of the Extradition Report Act

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.