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(영문) 수원지방법원 성남지원 2016.07.20 2015고단2981
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a business operator who has engaged in food manufacturing business by employing workers on the second floor of the R in the building underground of the Gyeonggi-gu Seoul Special Metropolitan City, Sungnam-gu.

The Defendant did not pay 2,140,000 won of T's wages of 2,140,000 retired while working in the above company from April 16, 2015 to June 1, 2015, within 14 days from the date on which the cause for payment occurred without an agreement between the parties on the extension of the payment date.

In addition, the Defendant did not pay the total amount of KRW 9,140,000 to two retired workers within 14 days from the date of occurrence of the payment cause without agreement between the parties on the extension of the payment date, such as the number Nos. 1 and 3 in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to T or U;

1. The application of Acts and subordinate statutes governing the calculation of average wages and retirement allowances, the details of arrears, the ledger of wages, each payment shall be made in writing, a copy of the statement of payment, the calculation of wages, a copy of the passbook, the investigation report (determination of the amount in arrears), the submission of evidentiary materials (payment) and the submission of evidentiary materials;

1. Articles 109(1) and 36 of the Labor Standards Act and the selection of fines for criminal facts;

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. In the facts charged, the Defendant is a business operator who has engaged in food manufacturing business by employing workers in the second floor of the R building underground in the Jung-gu, Sung-gu, Sung-gu, Daejeon-si.

A. The Defendant in violation of the Labor Standards Act did not pay KRW 71,429,483 in total to 16 retired workers except for the sequence 1, 3, as set forth in the list of crimes in the attached Form Nos. 1, 3 within 14 days from the date of occurrence of the relevant payment cause, without any agreement between the parties on the extension of payment date

B. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) 800,000 won of retirement allowance B retired while serving in the said company from April 19, 2013 to September 30, 2014, is between the parties concerned.

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