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(영문) 의정부지방법원 고양지원 2015.05.15 2015고단260

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

On July 17, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Incheon District Court, and the said judgment became final and conclusive on January 6, 2015.

The defendant is the representative of I in Yangyang-gu H, Yangyang-gu, who is an employer who runs an agricultural business with ten full-time workers.

1. The Defendant did not pay KRW 3,639,00, in total, KRW 2,954,00,00 from May 5, 2014 to July 18, 2014, of KJ’s work experience from October 15, 2012 to July 18, 2014, and KRW 3,639,00,00, in total, from March 27, 2014 to July 18, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The Defendant did not pay the total of KRW 1,91,869 of K’s retirement pay of KRW 1,91,869 and KRW 4,645,663 from March 27, 2012 to July 18, 2014 at the same place of business, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition;

1. A written statement;

1. Application of statutes concerning criminal records;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative of the I in Yangyang-gu H in Yangyang-gu, Yangyang-gu, the facts charged, is an employer who runs an agricultural business with ten full-time workers.

The Defendant’s wages in C, E, F, and G, as stated in the attached Form, including D’s wage of July 7, 2014, in which the Defendant had worked from February 7, 2014 to July 18, 2014 at the said workplace, as well as C, E, F, and G’s wage of July 2014.