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(영문) 의정부지방법원 고양지원 2016.09.08 2015고정740
근로기준법위반등
Text

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

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 Goyang-dong, Manyang-si, who is an employer who has engaged in newspaper distribution business using five regular workers.

1. The Defendant violated the Labor Standards Act, while working from March 25, 2014 to November 13, 2014, did not pay KRW 4,600,000 as the total amount of wages, including KRW 2,200,000 in August 2014, and KRW 2,200,000 in September 2014, and KRW 2,200,00 in October 2, 2014, and KRW 2,200,00 in October 2, 2014, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 4,602,010 won of retirement allowances of retired workers D within 14 days from the date on which the cause for payment occurred, without any agreement between the parties to the extension of the payment date, while working in the aforementioned workplace from November 5, 201 to December 15, 2013.

Summary of Evidence

1. Entry of the accused in the first protocol of trial (limited to the crimes of paragraph (2) at the time of sale);

1. Statement made by witnesses D in the second protocol of the trial;

1. Statement of D police statement;

1. Application of the details of benefits received in 2014 and statutes governing copies of bankbooks;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the amount of unpaid wages and retirement allowances paid by the defendant to the victim, and the fact that the victim appears to have an obligation to pay part of the amount to the defendant by being suspended from indictment due to occupational embezzlement against the defendant, and the motive, circumstance, etc. of the crime shall be determined

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