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Reasons
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(영문) 대구지방법원 2013.09.26 2013고단3208
근로기준법위반등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the E representative director of the company in Daegu Jung-gu D.

The Defendant worked in E from January 18, 2003 to September 30, 2011, and was retired from E and did not pay KRW 16,164,530, and KRW 2,100,000 of G’s wages on January 28, 2003 to April 30, 2012, and did not pay KRW 10,319,830 within 14 days from the date of retirement without agreement on the extension of the period.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and H;

1. Application of Acts and subordinate statutes to the detailed statement of arrears, average wages, and retirement allowances calculation statement attached to the report on acquisition of investigation data;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Retirement Benefits for Workers;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Although the wages and retirement allowances in arrears with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act reach a total of KRW 30 million, among them, the amount equivalent to KRW 14 million is paid as substitute payments, and there remain at the present amount equivalent to KRW 16 million, and E is still in the rehabilitation procedure. The defendant is in the legal administrator, and E is in the legal administrator, and E has a loan claim of KRW 12 million to F, and the defendant has no criminal record of the same criminal record or suspension of execution, and there are no criminal records of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Public Prosecution Rejection Parts

1. The summary of the facts charged is the E representative director of the company in Daegu Jung-gu, Seoul.

The Defendant was on duty in E from April 1, 2003 to December 10, 2012 and retired from E, and the Defendant’s wages of February 2, 2012, 20,450,000 won, and the amount of October 1, 2010.

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