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(영문) 대전지방법원 2017.08.29 2017고단2095
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant, who is an employer operating a stock company C located in Daejeon Seo-gu, Daejeon, worked from May 26, 2015 to February 13, 2017, and retired workers D’s wages of KRW 2,00,000 in March 2016, and did not pay KRW 23,986,507 in total amount of wages and retirement allowances of KRW 21,427,631 in March 201 and KRW 2,58,876 in the annexed crime list, as shown in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. 진 정인 D, 피 진정인 A에 대한 경찰 진술 좃

1. A written petition;

1. Application of Acts and subordinate statutes in the calculation of average wages and retirements;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods);

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

1. Selection of an alternative fine for punishment;

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

1. The amount in arrears with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the details and motive of the crime, and the period of the crime, etc. shall be considered.

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