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Reasons
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(영문) 수원지방법원 2014.08.28 2014고정321
근로기준법위반등
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Gyeonggi-si, and is a user who conducts the furniture manufacturing business using 20 full-time workers.

The Defendant is working in the foregoing workplace from October 8, 2012 to August 10, 2013.

The retired H’s wages of KRW 2,289,310 on February 2, 2013, and KRW 2,273,310 on April 2, 2013, wages of KRW 2,273,310 on May 2, 2013, wages of KRW 2,273,310 on June 2, 2013, wages of KRW 2,273,310 on July 2, 2012, wages of KRW 11,915,48 on August 2012, including KRW 532,938, and KRW 26,276,191 on April 2, 2013, were not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

B. The Defendant is working in the foregoing workplace from December 15, 2010 to June 30, 2013.

The retirement allowance difference of the retired I, as well as KRW 1,84,098, was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each authenticity of J, K, I, and H;

1. I wages in arrears;

1. Application of Acts and subordinate statutes governing H wages in arrears;

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

1. Selection of each 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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