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(영문) 수원지방법원 안산지원 2014.05.28 2014고정648

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as a representative of the C-Lighting Store B located in Gwangjin, is an employer who runs a service business using five full-time workers.

The Defendant paid 2,29,00 won for September 1, 2010 to October 15, 2013, and 1,112,410 won and other allowances for October 1, 2013, and 122,480 won for workers E who worked from November 1, 2010 to October 15, 2013, and 859,590 won for wages and other allowances for October 201, 2013, and 6,277,148 won for extended payment period from the date of payment to October 14, 2014 without agreement between the parties concerned; and the Defendant paid 1,76,500 won for workers E who worked from November 1, 2010 to October 15, 2013, and 859,590 won for wages and other allowances for 107,168 won for each party concerned within 14 days from the date of payment due.

B. The Defendant did not pay 10,752,120 won, including the total amount of KRW 6,048,466, and KRW 4,703,654, and KRW 14,00,00,00 from November 1, 2010 to October 15, 2013, as well as the total amount of KRW 6,04,70,000,00 from the date of the occurrence of the cause for payment, within 14 days from the date of the occurrence of the cause for payment, without agreement on the extension of the due date between the respective parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each petitioner of D or E;

1. Certified labor affairs consultant data submitted by a petitioner agent;

1. An investigation report (Submission of data for calculation of the number of regular workers);

1. Application of statutes to a detailed statement of calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where wages and other allowances are unpaid);

1. Articles 40 and 50 of the Criminal Act for each ordinary competition. Article 40 (Mutual Crimes against Each Workers in Violation of the Labor Standards Act and Violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;