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(영문) 수원지방법원 안산지원 2013.05.09 2012고정1270
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is an employer who employs nine full-time workers as an actual manager of Ansan-si D or 202 (State E) E located in Ansan-si and has operated wholesale and retail business.

The Defendant did not pay KRW 3,417,250 in total, including KRW 1,130,000 and retirement allowances of KRW 2,287,250 on January 201, 2012, which was employed as an employee from September 6, 2010 to January 20, 2012, within 14 days after retirement without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Application of Acts and subordinate statutes to the protocol of examination of witness concerning witnessF;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same 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 Defendant did not pay C’s wage of KRW 1,300,000 on January 1, 2012, which was decided at the place of business from September 10, 2010 to February 27, 2012, within 14 days after retirement without an agreement between the parties on the extension of the due date.

2. On April 25, 2013, after the prosecution of this case, C expressed its intention not to have the Defendant punished. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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