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(영문) 의정부지방법원 2013.10.17 2013고정2147
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of C in Scheon-si, who is a full-time employer who runs a manufacturing business by employing 12 workers. A.

The Defendant did not pay KRW 2,500,000 of the wages of March 1, 2013 and the wages of KRW 2,500,00 in March 31, 2013 from September 1, 2009 to March 31, 2013, respectively, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

B. The Defendant did not pay KRW 7,571,190 of D retirement pay and KRW 8,485,950 of E’s retirement pay, who worked in the said workplace from February 1, 2010 to March 31, 2013, within 14 days from the date of the occurrence of the cause for payment, without any agreement on the extension of the due date between the parties concerned, within the period from September 1, 2009 to March 31, 2013.

Summary of Evidence

1. Examination protocol of suspect by the special judicial police officer against the accused;

1. Each written statement of E and D preparation;

1. Application of each relevant statute;

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. 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;

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