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(영문) 광주지방법원 순천지원 2015.11.13 2015고단1854

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates food manufacturing business by employing workers D and E as the representative of the Agricultural Company (PP)C located in Jeonnam-gun, Jeonnam-gun.

1. The Defendant in violation of the Labor Standards Act is working in the said (oil)C from May 20, 2013 to July 20, 2015.

A retired worker D’s wages of KRW 1,712,690 on July 7, 2015, and work in the said Section D’ from December 20, 2013 to July 20, 2015.

A retired worker E’s total of KRW 3,399,050 on July 2015, 2015, did not pay KRW 1,686,360 within 14 days from the date of retirement, in the absence of justifiable grounds, such as an agreement between the parties on the extension of the due date.

2. The accused who violates the Guarantee of Workers' Retirement Benefits Act shall work as described in paragraph (1); and

The retirement allowance of retired workers D and the total amount of KRW 3,035,020 of the retirement allowance of workers E was not paid within 14 days from the date of retirement unless there is a justifiable reason, such as an agreement between the parties on the extension of the payment date, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. A petition of D or E;

1. Application of statutes on business registration certificate, detailed statement of salary, detailed statement of transactions of deposits, accounts payable for May, and details of payment for part of June;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.