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(영문) 의정부지방법원 2014.01.09 2013고정2612
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a C representative in both weeks, who ordinarily employs 12 workers and operates a manufacturing business (biberated processing). A.

The Defendant did not pay the total of KRW 3,480,000 from the date of each retirement, which is the date on which the cause for payment occurred, to four persons, including D(D), who worked from September 28, 201 to December 8, 2012 at the same place of business, as shown in the attached Table, without an agreement between the parties to the extension of the due date.

B. The Defendant did not pay the total of KRW 1,550,000 of retirement allowances, as shown in the attached Form, to two persons, including D (D), who worked from September 28, 201 to December 8, 2012 at the above workplace, without any agreement between the parties on the extension of the due date, 14 days from each retirement day which is the date on which the relevant cause for payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition;

1. Statement to E by the police;

1. Application of each statute of the D and F Statements;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative 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;

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