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(영문) 의정부지방법원 2013.08.22 2013고정1768
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

The defendant, as the representative of Co., Ltd. C in Namyang-si, is an employer who conducts the business of manufacturing electric sign boards using five regular workers.

1. The Defendant did not pay 1,943,510 won in total to two workers as indicated in the attached list of crimes, including that the Defendant did not pay 8,507,900 won in aggregate of D wages, who worked from June 1, 2010 to April 30, 2012, and did not pay 11,943,510 won in total to two workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the due date for payment

2. The Defendant did not pay KRW D retirement allowance of KRW 3,515,975, working from June 1, 2010 to April 30, 2012 at the foregoing workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D;

1. Application of Acts and subordinate statutes of E’s written petition;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, Article 31 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201); and Article 9 of the former Guarantee of Workers' Retirement Benefits Act (unpaid as retirement allowances)

1. Articles 40 and 50 (Trades Violating the Labor Standards Act due to Payment of Wages to D and Violation of the Guarantee of Workers' Retirement Benefits Act);

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 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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