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(영문) 의정부지방법원 2014.02.13 2013고정1376

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

The defendant is the representative of the Co., Ltd. D in both weeks, who ordinarily employs five workers and operates a salt processing business.

1. The Defendant did not pay KRW 2,00,000,000 for February 2, 2010, which worked from June 20, 2007 to May 7, 2012 at the above workplace, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

2. The Defendant did not pay KRW 6,231,140 of E’s retirement pay from June 20, 2007 to May 7, 2012 at the same place of business 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. Each legal statement of witness E and F;

1. E’s written evidence and written statement;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) (unpaid points of retirement pay)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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;