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(영문) 대전지방법원 서산지원 2013.08.09 2013고정21
근로기준법위반
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

Punishment of the crime

The defendant is the actual representative of the C Co., Ltd. located in Seongdong-gu Seoul Metropolitan Government and is an employer who conducts real estate development and lease business using five full-time workers.

The Defendant works as the head of the Development Project Department from September 9, 2009 to June 29, 2012 at the “E” site in Seosan-si D.

The amount of wages of 2,923,000 won in April 12, 2012, the amount of wages of 389,730 won in July 20 of the same year, retirement allowances of 2,535,849 won in total, and 5,848,579 won in total, and the head of the management department from January 12, 201 to June 29, 2012.

The retirement G did not pay the total amount of KRW 9,907,803, including the total amount of KRW 2,770,000 for April 2012, and the total amount of KRW 1,289,224 for retirement allowances, including KRW 4,059,224 for two retired workers, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written complaint of G;

1. Application of Acts and subordinate statutes to documents of employment contracts, specifications of benefits, and resignation;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 (Selection of Fine) of the Labor Standards Act concerning facts constituting an offense;

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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