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(영문) 수원지방법원 안양지원 2014.08.13 2014고단529
근로기준법위반등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative of G Co., Ltd., located in the F, is an employer who runs a private teaching institute business by employing 59 full-time workers.

The Defendant, while working in the said workplace from January 2, 2012 to March 20, 2013, did not pay the total of KRW 4,680,00 and retirement allowances of KRW 1,50,985 from January 2, 2013 to March 3, 2013, as stated in the table of crime Nos. 2, 4, 5, and 6 in the annexed list of crimes, four workers’ wages and retirement allowances and total of KRW 12,495,985, as stated in the table of crime Nos. 2, 495 and 6, within 14 days from each retirement date, without any agreement on the extension of the due date

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of I;

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

1. Each selective fine for punishment;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is as follows: (a) the Defendant, while working in the said workplace from January 2, 2012 to March 16, 2013, paid KRW 2,592,00 in total of wages and retirement allowances of KRW 1,154,629 from January 2, 2013 to March 3, 2013 and paid KRW 15,867,861 in total of wages and retirement allowances of four workers within 14 days from each retirement date without agreement on extension of the payment date between the employees and the employees.

2. Article 327 subparagraph 6 of the Criminal Procedure Act (Article 327 subparagraph 6 of the Act on the Punishment of Victims B, C, D, and each subparagraph of the Punishment of Victims E on March 4, 2014);

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