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(영문) 수원지방법원 성남지원 2013.03.14 2012고단1516
근로기준법위반
Text

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

When a fine is not paid, the period of 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

[2012 Highest 1516] The defendant is a user who conducts electronic equipment manufacturing business using 11 full-time workers as the representative director of the H building I in Seongbuk-gu Seoul Special Metropolitan City H building 705.

The Defendant did not pay wages and retirement allowances equivalent to KRW 17,829,90 in total, as shown in the attached Table 1, including the details of the money and valuables in arrears, from January 3, 2011 to January 20, 2012, within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

Summary of Evidence

[2012 Highest 1516]

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to J;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is against the defendant and deposited 1.4 million won to J, and other punishment shall be determined by taking into account the defendant's previous conviction, attitude after committing the crime, motive, company condition, etc.

Public Prosecution Rejection Parts

1. The summary of the facts charged [2012 Height1516] The Defendant is a user who manufactures electronic equipment by making use of 11 full-time workers, who is the representative director of the I Special Metropolitan City H building 705, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.

The Defendant did not respectively pay KRW 35,193,100 in total, including KRW 16,693,100, as well as KRW 16,693,100 in August 4, 2011, which had worked from April 4, 2011 to February 27, 2012 at the same place of business, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

[2012 Highest 164] The Defendant’s retirement date on July 27, 201, the sum of D’s wages of KRW 2,083,00 from June 27, 201 to April 1, 2012, wages of KRW 3,583,00 in August of the same year, wages of KRW 3,583,00 in September of the same year, wages of KRW 3,583,00 in September of the same year, and wages of KRW 346,740 in October of the same year, without agreement between the parties to the extension of the payment period.

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