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(영문) 대전지방법원 천안지원 2013.04.11 2012고정1057
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant, as the representative director of Dong-gu Seoul Special Metropolitan City C, employs seven full-time workers and operates the commercial building management business. The employer, upon retirement of a worker, has paid wages, compensations, and other money and valuables within 14 days from the date on which the cause for the payment thereof occurred. However, from November 4, 2006 to January 31, 2012, the Defendant did not pay wages of 13,717,676 won, annual paid leave allowances of 3,938,039 won, retirement allowances of 16,309,573 won, and other food expenses of 2,210,000 won, 36,175, and88 won, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement without agreement on extension.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. The application of alternative statements, and the Acts and subordinate statutes governing orders for correction of violations of the Labor Relations Act;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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