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(영문) 청주지방법원 충주지원 2016.04.27 2015고정234
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who is a manager of D Co., Ltd. in Chungcheong-gun C, and is an employer who runs a food manufacturing business using ten full-time workers.

1. On June 3, 2013, the Defendant violated the Labor Standards Act regarding the failure to prepare a labor contract, concluded a labor contract with E with a product development director at the above workplace, and did not specify in writing the constituent elements of wages, prescribed working hours, etc.

2. Violation of the Labor Standards Act due to payment of wages and retirement allowances, and violation of the Labor Standards Act and the Guarantee of Retirement Benefits for Workers in the above workplace from June 3, 2013 to January 22, 2015, the Defendant did not pay KRW 3,310,840 in total and KRW 5,483,090 in wages and retirement allowances and KRW 8,793,93,930 in total within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. A statement in this Court that the defendant did not prepare a labor contract as described in No. 1. of the ruling, and that he did not pay wages and retirement allowances as described in No. 2.

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to submit data;

1. Article 114 subparag. 1, Article 17 of the Labor Standards Act (a point of absence of a labor contract), Article 109 subparag. 1, and Article 36 of the Labor Standards Act (a point of absence of wages) concerning criminal facts, the main sentence of Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of absence of a retirement payment);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment prescribed for a violation of the Labor Standards Act due to the payment of wages, between a violation of the Labor Standards Act due to the payment of wages, between a violation of the Guarantee of Workers' Retirement Benefits Act, and a punishment prescribed for a violation of the Guarantee of Workers' Retirement Benefits Act

1. Selection of a fine for a violation of the Guarantee of Retirement Benefits for elective Workers

1. Punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [limited to the punishment imposed on a violation of the Guarantee of Retirement Benefits for Workers with heavy punishment (limited to the total amount of each of the above crimes)];

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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