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(영문) 의정부지방법원 2013.08.27 2012고단3105
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

"2012 Highest 3105" Defendant was dissolved on November 14, 2011 due to the change of organization, and a limited liability company D was established on December 23, 2011, and the registration of incorporation was completed on December 23, 201. The representative of both parties is the employer who engages in the manufacturing industry by using 80 full-time workers;

A. From March 3, 2008 to January 31, 2012, the employee’s wage of 177,200 won as stated in the No. 8 of the annexed E-Attachment E’s list 1, which was employed from March 3, 2008 and retired from office, was not paid within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties to the extension of the due date

B. According to the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 7339 of Jan. 27, 2005) and Article 34 of the amended Labor Standards Act (amended by Act No. 7339 of Dec. 1, 2005), the punishment for unpaid retirement allowances to employees after the enforcement date of the above Act shall not be the Labor Standards Act, but the Guarantee of Workers' Retirement Benefits Act shall apply.

(The part is only different from the name of the crime and applicable provisions of law, and the facts charged in itself are identical and there is no risk of actual disadvantage to the defendant's exercise of his/her right to defense, and thus, it shall be deemed that it can be recognized without the amendment of a bill of amendment. The above workplace, from March 3, 2008 to January 31, 2012, and E's retirement allowance of 5,230,987, which were retired, did not be paid within 14 days from the date of retirement, which is the date

[2013 Highest 629] The Defendant is the representative director and the actual representative director of F Co., Ltd. of a limited company D in Yangju-si, who is an employer engaging in the business of manufacturing cosmetics using 100 full-time employees;

A. From October 1, 201 to October 31, 2012, G wage of 4,646,930 won, as well as 4,5,5, and 930 won in the attached Table 2 of the crime sight list, in the workplace above the violation of the Labor Standards Act.

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