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(영문) 수원지방법원 성남지원 2016.08.12 2016고정363

근로기준법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant, as the representative of the company D in Gwangju City, is an employer who operates manufacturing and wholesale and retail business with one full-time worker in the wall column of Gyeonggi City.

Defendant, who worked at the said workplace from December 2, 2013 to February 28, 2015, did not pay 3 million won of wages on January 2015, and 3,731,500 won of wages and 3,731,500 won of retirement allowances on February 2015, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Partial statement of the defendant (the purpose of recognizing facts);

1. Legal statement of witness E;

1. A protocol concerning the examination of the police officers of the accused;

1. A statement of calculation of average wages (the defendant and his defense counsel denies the intention to pay wages and retirement allowances, but the defendant's intention is recognized in light of the defendant's statement to investigation agency (the record No. 15 pages) etc.);

Application of Statutes

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Act on the Standards for Optionald Labor, Articles 44 and 9 of the Act on the Guarantee of Workers' Retirement Benefits (which means the payment of unpaid wages), and the choice of fines, respectively;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the settlement of delayed money and valuables KRW 3 million; and (b) the circumstances of the instant case.