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(영문) 광주지방법원 2018.07.05 2018고단1384
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 limited company C, which is an agricultural company in the Namyang-gun B, and is the employer who runs the livestock industry by ordinarily employing 15 workers.

1. The Defendant in violation of the Labor Standards Act failed to pay KRW 12,869,623, respectively, within 14 days from the date of retirement, as well as KRW 797,034 of D’s wages in December 2017, which he/she worked at the said workplace from October 1, 2013 to January 31, 2018, including KRW 8,869,623, in addition to attached crime sight table 8,11 through 13.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 3,172,687, in total, 3,172,687, as well as KRW 1,682, working in D retirement pay from October 1, 2013 to January 31, 2018 at the same place of business, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the respective parties, as well as KRW 8,689,32, which was set up in attached Table No. 8,11 to 13.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and a written petition of each relevant worker;

1. Details of account transactions, calculation of average wages and retirement allowances, application of Acts and subordinate statutes;

1. Article 109 (1) of the Labor Standards Act (hereafter referred to as "amount of unpaid wages") for facts constituting an offense, Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (hereafter referred to as "amount of unpaid retirement benefits");

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

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. The Defendant is the representative director of the limited company C, which is an agricultural company located in the Namyang-gun B, both of which are the employer who runs the livestock industry using 15 full time workers.

A. The Defendant in violation of the Labor Standards Act was working in the said workplace from October 1, 2013 to January 31, 2018.

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