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(영문) 수원지방법원 안산지원 2013.07.16 2012고단2367

근로기준법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is the employer who employs 20 full-time workers as the representative of C Co., Ltd. in Si interesting City B, and operates a comprehensive automobile maintenance and repair business.

The Defendant did not pay 4,52,645 won in total, including D-D’s wage of 3,714,00 won for April 2012 and wage of 838,645 won for May from around August 11, 2011 to May 7, 2012, within 14 days from the date on which the cause for payment occurred without an agreement between the parties on the extension of the due date for payment, as stated in the attached list of crimes, as stated in the attached list of crimes; and did not pay 64,639,480 won in total, including 14 workers’ wages and retirement allowances, within 14 days from the date on which the cause for payment occurred without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. A written petition;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said Act;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;