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(영문) 수원지방법원 성남지원 2016.02.17 2014고단3024

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, as the representative in Gwangju City (State) D, is an employer who runs a manufacturing business using 15 full-time workers.

The Defendant was employed in the said workplace from May 27, 2013 to September 2, 2014 by the employee E, who retired from the said workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties to the payment period, and the amount of KRW 5,312,630, and the amount of KRW 2,700,000, and the amount of retirement pay from June 25, 2013 to August 31, 2014, as well as KRW 4,967,760, and retirement pay KRW 2,26,940, as well as retirement pay from June 8, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective Acts and subordinate statutes of E and F;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant criminal facts, Article 44 Subparag. 1, Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which means the payment of unpaid wages), and the selection of each fine for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence shall be determined as ordered in light of all the sentencing conditions shown in the pleadings of the instant case, including the amount of unpaid wages and retirement allowances for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the circumstances leading to the instant crime, and the fact that there was no same criminal record.