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(영문) 수원지방법원 안산지원 2012.07.27 2012고정770
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is working as the representative of Ansan-si C Merchants' Association at Ansan-si, and is in charge of the above business management from July 20, 2009 to July 24, 201.

The retirement allowance of retired workers D, including 3,983,139 won, did not pay 25,679,720 won in total for seven employees as shown in the attached list of crimes, within 14 days from the date of retirement, without any agreement between each party on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to each authentic statement;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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

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

1. In the case of violation of Article 334(1) of the Criminal Procedure Act of conviction under Article 334(1) of the Labor Standards Act, in the case of a juristic person, the representative with the authority to pay retirement allowances, etc. at the time 14 days have elapsed from the date when the cause for the payment occurred, and according to the evidence duly adopted by the court, it is recognized that the defendant had held and exercised the authority as the representative of the shopping district management body of this case at the time when 14 days have passed from the time when each of the instant workers retired from office. Thus, the defendant is liable for the crime of violation of the Labor Standards Act in the judgment of the court, and whether he lost the authority as the representative after that, does not affect

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