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(영문) 전주지방법원 군산지원 2015.08.21 2015고단132
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 the actual management owner of (State)D located in Gunsan City C, who employs ten full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 14,00,740, in total, the wage and year-end settlement amount of the retired worker E, as stated in the [Attachment 2] No. 2013, Feb. 2, 2013, E, who worked in the said workplace at the said workplace, and retired on May 21, 2013, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 6,638,690 of the retirement allowance of E retired on May 21, 2013, within 14 days from the date of retirement without any agreement between the parties on extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes of D organization chart and commodities, detailed statement of overdue money and valuables, employment contract (E), average wages and retirement allowances calculation;

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 (a point where retirement allowances are unpaid);

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

1. Selection of an alternative fine for punishment;

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 summary of the facts charged is that the Defendant is a business owner of (ju)D in Kun in Kunsan-si and employs 10 full-time workers. The Defendant does not pay KRW 14,319,320 as the sum of the wages and year-end settlement payments of the retired worker B, as described in the [Attachment] List No. 1], as well as KRW 3,500,000, who worked at the said (ju) D’s workplace on May 21, 2013, and retired on May 21, 2013, within 14,319,320 won, without any agreement on the extension of the due date between the parties. B retirement pay KRW 7,261,070, as well as KRW 14,320

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