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(영문) 수원지방법원 여주지원 2013.09.16 2013고정286

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the D Co., Ltd. in Gyeonggi-gun C, who runs a construction business by using one regular worker.

1. The Defendant did not pay KRW 40,887,439 in total, as indicated in the attached Form, to E who worked in the said workplace from August 28, 2009 to September 14, 2012, and did not pay KRW 54,101 on July 7, 201, as well as KRW 40,887,439 in total, as indicated in the attached Form, within 14 days from the date of retirement without agreement between the parties on extension

2. The Defendant did not pay retirement allowance of KRW 2,556,205 within 14 days from the date of retirement to E, who worked from August 28, 2009 to September 14, 2012, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishment on a violation of the Labor Standards Act heavier than the ordinary 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;