logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.07.08 2013고단1306
근로기준법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The defendant is a person who operates (ju)D in Briju City, and is an employer who engages in natural salting manufacturing business using ten full-time workers.

2. The Defendant in violation of the Labor Standards Act did not pay KRW 2,418,00 of the wages of workers E, who worked in the said state in D from April 1, 2006 to November 1, 2012, within 14 days from the date on which the cause for payment occurred without any agreement on extension of the payment date between the parties concerned.

In addition, the Defendant did not pay three workers’ wages within 14 days from the date of retirement in which the cause for payment occurred without an agreement on extension of the payment period between the parties concerned, such as the number Nos. 1 through 3 of the list of crimes.

3. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 7,796,03 of the worker E’s retirement allowance as described in the aforementioned paragraph (2) within 14 days from November 1, 2012 on the date of retirement in which the cause for payment occurred, without any agreement between the parties to the payment.

In addition, the Defendant did not pay three workers' retirement allowances within 14 days from the date of retirement when the cause for payment occurred without an agreement on extension of the payment period between the parties concerned, such as the No. 1 or No. 3 of the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of F, G, and E;

1. Application of the relevant Acts and subordinate statutes to each entry in each retirement allowance calculation statement and each benefit statement;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) and 36 of the same Act, Article 44 Subparag. 1 and the main sentence of Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines;

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

1. The amount of unpaid wages and retirement allowances recognized as guilty of sentencing under Articles 70 and 69(2) of the Criminal Act, the Defendant made considerable efforts to pay damages in the course of trial, and other various sentencing conditions.

arrow