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(영문) 의정부지방법원 고양지원 2016.09.29 2016고단1465
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 a user who operates exhibition manufacturing business with six full-time workers as a representative in the Seo-gu, Seoyang-gu, Busan Metropolitan City.

The Defendant, at the foregoing workplace around January 26, 2015, did not pay KRW 9,475,670 in total, as stated in the details of money and valuables in arrears in the attached Form, as well as KRW 1,00,00,000 to retired workers G when working from around January 5, 2015, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of statutes to certificates of overdue payment of wages, average wages, and written calculation of retirement allowances;

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

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 part dismissing the public prosecution in consideration of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the amount of wages and retirement allowances not paid by the defendant, the defendant reflects the crime and the first offender

1. The Defendant is an employer who employs six full-time workers as a representative in the Seo-gu, Seo-gu, Busan, Seo-gu, Seoyang-si and operates exhibition and manufacturing business.

The Defendant, at the foregoing workplace around December 15, 2015, worked from around July 14, 2014 to retired workers C, did not pay 46,725,245 won in total, including wages, accounts payable at the end of the year, and retirement allowances, within 14 days from the date of retirement, as stated in the details of money and valuables in the attached Form, as well as 1,940,290 won on June 6, 2015 to the retired workers C.

2. Each of the facts charged of the instant case is an offense falling under Article 109(1) and Article 36 of the Labor Standards Act, and Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act, and the Labor Standards Act.

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