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(영문) 대전지방법원 서산지원 2014.12.19 2013고정294
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of C in the time of medical progress and is an employer who runs a construction business with one full-time worker.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from June 2, 2010 to April 30, 2012.

A retired worker D's wages of KRW 22,416,438, as shown in the attached list of crimes, including KRW 21,000,000 and retirement allowances of KRW 1,416,438, were not paid within 14 days from the date of each retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by a special judicial police officer against D;

1. Application of Acts and subordinate statutes to data to be submitted;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and choice of fines, respectively;

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. Although the amount of wages and retirement allowances not paid by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not significant, some of the amount collected by the victim, such as receiving dividends of KRW 7,416,438 as the wage obligee in the voluntary auction case concerning the real estate owned by the defendant after the request for the summary order of this case, considering the circumstances favorable to the defendant, and other conditions of various sentencing indicated in the records of this case, such as the defendant's age, the process of overdue payment, and the circumstances

It is so decided as per Disposition for the above reasons.

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