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(영문) 수원지방법원 안산지원 2015.12.17 2015고단2227
근로기준법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of G (ju) with F3rd floor in light life, who runs a construction business with 40 full-time workers.

1. The Defendant violated the Labor Standards Act: (a) from June 17, 2013 to February 1, 2015, the Defendant did not pay KRW 15,00,000,000, in total, of the wages of workers H who provided labor at the said workplace from the said workplace as indicated in attached Table 3 No. 3, as of June 17, 2013 to the date of payment between the respective parties, within 14

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 4,768,010 of the worker H’s retirement allowances provided to the said workplace from June 17, 2013 to February 1, 2015, within 14 days from the date of retirement without an agreement between the respective parties on the extension of the due date for payment, as shown in attached Table 3, a list of crimes committed.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each relevant Act or subordinate statute of entry, such as a written petition, wage and retirement allowance calculation;

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and the main sentence of Article 9 (Accrued Retirement Allowances);

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

1. Selection of an alternative fine for punishment;

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 Defendant is an employer who runs a construction business as indicated in the facts charged.

The Defendant in violation of the Labor Standards Act did not pay the total of KRW 17,500,000 to workers C who provided labor at the aforementioned workplace from June 25, 2014 to February 11, 2015, and did not pay KRW 29,750,000 for the total of three workers within 14 days from the date of retirement without an agreement on the extension of the due date between the respective parties, as shown in attached Table 2, 4, and 5.

B. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act from May 25, 2009 to December 1, 2014.

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