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(영문) 광주지방법원 2018.05.10 2018고정21
근로기준법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual representative of D Co., Ltd. with the fourth floor of the building located in Seo-gu Daejeon, and the employer who runs a business support service business using five full-time workers.

1. The Defendant violated the Labor Standards Act, while working in the said workplace from December 23, 2015 to July 31, 2017, did not pay KRW 22,589,181, including KRW 4,264,587, of the retired workers E, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the respective parties, as stated in the list of crimes in the attached Table.

2. The Defendant, in violation of the Act on the Guarantee of Workers’ Retirement Benefits, did not pay KRW 1,087,330 of the retirement pay of retired workers to the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties, while working in the said workplace from August 1, 2015 to July 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the police against the accused (including a list of crimes attached thereto);

1. Application of the Acts and subordinate statutes to each authentic statement, each fact confirmation certificate (including attached documents);

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards for Workers F, and a violation of the Workers' Retirement Benefits Security Act);

1. Selection of each selective fine for punishment (the amount of a fine shall be determined in consideration of the confession and reflective nature, the circumstances in which wages have not been paid, and the fact that there is no criminal record exceeding the same criminal record or fine);

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

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