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(영문) 의정부지방법원 2015.10.02 2015고단2210
근로기준법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a representative of D in both weeks who employs four full-time workers and operates new parts manufacturing business.

The Defendant, while working in the said workplace from December 7, 2009 to September 8, 201, did not pay KRW 2,402,700 of the E’s wages and KRW 3,337,180 of the retirement allowances and KRW 3,37,180 of the retirement allowances, and KRW 6,226,952,540 of the total wages and retirement allowances of three retired workers, as described in the table of crimes in the attached Table 1, 2, and 4, as well as KRW 5,952,540 of the retirement allowances, within 14 days from the date of each retirement without any agreement between the parties on the payment date

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and G;

1. Application of Acts and subordinate statutes on a petition;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is the user who employs four full-time workers as the representative of D in both weeks and operates the business of manufacturing new parts.

The Defendant did not pay the wages of KRW 1,916,560 and retirement allowances of KRW 5,488,700 from March 3, 2008 to September 8, 201 at the above workplace without any agreement between the parties on the payment date and KRW 14 days from each retirement date.

2. The facts charged as above are those falling under Articles 109(1), 36, and 43 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and are prosecuted against the victim’s express will under Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

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