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(영문) 의정부지방법원 2013.07.25 2013고정1443
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant, as the representative director of the D (E) E located in Yangju City, is a user who runs the food manufacturing business by employing 30 full-time workers.

The Defendant did not pay the sum of KRW 3,500,000,000 to F working in the said workplace from October 10, 2010 to September 9, 2012, as shown in the attached Form, to F, who had agreed on the extension of the due date for payment between the parties concerned, within 14 days from the date of retirement, which is the date on which the cause for payment occurred.

B. The Defendant did not pay the said F retirement allowance of KRW 2,907,970 to the said F at the above workplace, 14 days after the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties to the extension

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by the F;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. The summary of the facts charged is the representative director of the Dispute Settlement Co., Ltd. E located in two weeks, who employs 30 full-time workers and operates a food manufacturing business.

The Defendant did not pay two persons, such as B, who worked from December 5, 2010 to February 24, 2012 at the same place of business, the total amount of wages of KRW 7,438,397, as shown in the attached Table Nos. 1, 3, as stated in the attached Table No. 1, 438,397, to 14 days from each retirement date on which the date on which the cause for payment occurred

B. The Defendant did not pay the retirement allowance of KRW 3,904,150 to C, who worked in the foregoing workplace from January 1, 2010 to November 5, 2012, 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. Article 109(1) and Article 36 of the Labor Standards Act, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act.

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