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(영문) 수원지방법원 안양지원 2013.08.14 2012고단1485
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a representative director D, Co., Ltd. in Ansan-gu, who has been engaged in educational service business with 46 full-time workers.

The defendant shall be an English instructor from October 18, 2009 to February 29, 2012 at the above workplace.

A retired worker E’s wage of 3,200,000 won for December 2, 201, the wage of 2,500,000 won for January 2, 2012, and the wage of 2,100,000 won for February 2, 2012, and retirement allowance of 6,093,933 won for retirement was not paid within 14 days from the date of the occurrence of the cause for payment, without any agreement on the extension of the due date for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the detailed statement of the amount in arrears (59 pages of the investigation record), the average wage and retirement allowance calculation statement for E (79 pages of the investigation record);

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant is the D representative director of the company in Ansan-gu, the Gu, and the employer who has run educational service business using 46 full-time workers.

The Defendant is working from January 1, 2010 to February 29, 2012 at the above workplace.

In addition, F’s wages of 2,00,000 won in November 201, 201, wages of 3,800,000,000 won in December 201, 201, wages of 3,80,000,000 won in January 2, 2012, retirement allowances of 3,80,000 won in February 2012, retirement allowances of 8,134,276 won in total, and 21,534,276 won in attached Form 1 through 31,33 through 44 as indicated in the list of crimes, the grounds for payment shall not be paid within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the payment.

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