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(영문) 의정부지방법원 고양지원 2013.07.18 2012고정1234

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant was sentenced to the suspension of the execution of one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in Suwon District Court, and on October 31, 2012, the above sentence was finalized on October 31, 2012, and the defendant was a representative of I on the 10th floor of the H building in Gyeyang-gu, Gyeyang-gu, Suwon District Court, who is a full-time nine workers.

1. If an employer intends to dismiss a worker, he/she shall give the worker a notice of dismissal at least 30 days, and if he/she fails to give a notice of dismissal at least 30 days, he/she shall pay the worker ordinary wages for at least 30 days at the above workplace, the Defendant, despite that he/she shall pay the worker ordinary wages for at least 30 days at the above workplace, including KRW 2,00,000,000, working as a person in charge of business operation from January 1, 201

1. As shown in the table, the retirement worker did not pay a total of KRW 8,600,000,000,000;

2. The Defendant, as well as KRW 600,00,00 in the wage balance of the year 2011 set forth above B-B

2. As stated in the table, the retirement worker did not pay the total of 5,989,720 won of wages and retirement allowances of four retired workers within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in Category B, D, J, and K;

1. A written petition;

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

1. Articles 110 and 26 of the Labor Standards Act, Articles 109(1) and 36 of the Labor Standards Act, and selection of fines for criminal facts;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act concerning the handling of concurrent crimes;

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. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is that the Defendant shall pay KRW 515,083, C’s other allowances of KRW 108,168, D’s other allowances of KRW 782,924 within 14 days of his retirement.