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(영문) 수원지방법원 2018.09.11 2018고단2578
근로기준법위반등
Text

A fine of 4,00 on the violation of the Labor Standards Act against Defendant, D's violation of the Labor Standards Act, and the Guarantee of Workers' Retirement Benefits Act.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 10, 2016, the Defendant was sentenced to two years of suspended sentence of imprisonment for a violation of the Labor Standards Act at the Incheon District Court, and the said judgment became final and conclusive on August 18, 2016.

【Criminal facts】 The Defendant is the user who produces and sells content and video works, employing nine full-time workers as the representative director of the (ju) H in the Goi-gu G Building 302, Young-gu G Building.

1. The Defendant did not pay KRW 74,71,349 in total amount of C’s wages, such as not paying KRW 1,687,349, February 1, 2015, which was served between March 1, 2013 and April 11, 2017 at the same place of business, and paid KRW 24,387,140 in total of C’s wages, such as not paying KRW 2,571,657, March 1, 2013 through October 27, 2014.

Accordingly, the Defendant did not pay 9,158,489 won in total for two retired workers within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

2. The Defendant did not pay KRW 12,402,129 of the above C’s retirement pay in the above workplace as stated in the above paragraph (1) and did not pay KRW 5,172,587 of the above D’s retirement pay as stated in the above paragraph (1).

Accordingly, the Defendant did not pay the total amount of KRW 17,574,716 of retirement allowances of two retired workers within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Details of the contract of the retired annual salary, the wage ledger, the data obtained (Evidence No. 9), the adjustment data on the amount of arrears of individual workers (Evidence No. 10), the inquiry into employment insurance history, the details of arrears, the calculation of average wages and retirement allowances;

1. Previous convictions: Application of criminal records, investigation reports (the same criminal records and confirmations among the period of suspension of execution) and Acts and subordinate statutes;

1. Articles 109(1), 36 (a) and 109(b) of the Labor Standards Act concerning facts constituting an offense, respectively;

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