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(영문) 의정부지방법원 2014.05.29 2014고단496
근로기준법위반등
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Criminal facts

The Defendant is an employer operating the “C” in Gyeonggi-gun Group B, and was employed from October 11, 2012 to April 15, 2013, and was retired from office, and was not paid KRW 1,750,000 on April 2013, 201, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. To apply relevant Acts and subordinate statutes to a correct statement, a detailed statement of overdue money and valuables for individuals, the details of overdue money and valuables, average wages and retirement allowances calculation statement;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is an employer operating “C” in Gyeonggi-gun Group B, and the Defendant was employed from September 1, 2009 to April 15, 2013 and did not pay KRW 7,873,875 as wages and retirement allowances of F, as well as KRW 90,222,54 as wages and retirement allowances of workers listed in [Attachment] Nos. 1 to 5, 7, and 20, within 14 days from the date of retirement without agreement on extension of the due date between the respective parties.

2. The judgment is the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's express intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records of this case, the records of this case are as follows: F, 2 G, 3 H, 4 No. 1, 5, 5, K, 7, 8 E, 9, 8 E, 9, 10, M, 11, N No. 12, 13, P, 14, Q, 15, 16, 17, T, 18, U, 19, 5 and 20 of the Act on the Guarantee of Workers' Retirement Benefits.

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