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(영문) 의정부지방법원 고양지원 2013.08.14 2013고정936
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates software development and supply service business as a representative director of D and E, a company located in Ilyang-dong, Busan Metropolitan City C, 3008, and is a representative director of D and E.

1. The Defendant is working in the place of business D Co., Ltd. as management staff from August 24, 2005 to May 31, 2012.

Withdrawn’s 2,622,280 won in April 2012, and 3,122,280 won in May’s wage, and 5,744,560 won in total, were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. The Defendant is working as managing members at D Co., Ltd. (from August 24, 2005 to May 31, 2012) and E Co., Ltd. (from May 1, 2010 to December 30, 201).

The retired retirement allowance of 26,704,260 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the F Statements;

1. Articles 109(1) and 36 of the Labor Standards Act, Articles 31 and 9 of the Guarantee of Workers' Retirement Benefits Act (Law No. 1039), and the choice of a fine for negligence;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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