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(영문) 춘천지방법원 영월지원 2014.10.17 2014고정94
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the E-company located in Chuncheon City D.

1. The Defendant violated the Labor Standards Act: (a) from May 1, 2012 to September 10, 2013, the amount of KRW 1,00,000,000 to retired workers who worked at the site of new construction works executed by the said company F in Gangseo-gu, Gangwon-do; and (b) did not pay KRW 1,00,000 to retired workers at the site of new construction works executed by the said company, within 14 days from the date of the retirement without an agreement between

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 4,004,168 won of retirement allowances of Workers H who retired while serving as described in paragraph (1) within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Legal statement of the witness H;

1. The current status of admission and withdrawal [the defendant and his defense counsel claim that H is not an employee of the defendant's operating company. According to the evidence duly adopted and examined in this court, the defendant's operating company stated that H periodically paid the amount to H every month, that H was engaged in the management and cleaning of miscellaneous and that the defendant's operating company paid KRW 1,913,390 to H through the personnel expenses of miscellaneous on July 10, 2012, and that the defendant himself stated that H was made a statement that H was made by his cleaning at the time of h, and that the defendant's own statement that H was made by his cleaning at the time of h, it constitutes an employee under the Labor Standards Act that provided labor for the purpose of wages. Even if the defendant's voluntary recruitment was not made due to the employment circumstance, misconduct during his duty, etc., the above defendant's assertion cannot be accepted in the judgment of worker nature].

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.

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