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(영문) 대구지방법원 경주지원 2018.10.31 2018고정41
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant, as the representative of L Co., Ltd. in K at the time of racing, is an employer who runs a manufacturing business using ten full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 5,226,67 in total amount of wages of M retired while working in the above workplace from February 15, 2016 to May 31, 2017, and KRW 1,937,250 in total amount of wages of retired NN while serving in the workplace from September 2, 2014 to November 10, 2016, and KRW 776,40 in total amount of wages of retired NN while serving in the workplace from December 8, 2015 to January 10, 2017, within 14 days from the date of retirement without an agreement between the respective parties on the extension of the payment date.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) the Defendant did not pay the said M’s retirement allowance of KRW 3,317,340; (b) the said N’s retirement allowance of KRW 3,981,825; and (c) the saidO’s retirement allowance of KRW 1,892,168, within 14 days from the date of the retirement without any agreement between the respective parties on the extension

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of M,O, or N;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of punishment: Selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Of the facts charged in this case, the part dismissing the prosecution under Article 334 (1) of the Criminal Procedure Act against the violation of the Labor Standards Act related to Workers B, C, D, E, F, G, H, I, and J, and the violation of the Labor Standards Act related to Workers D, and H-related violation of the Labor Standards Act may not be prosecuted against the victim's explicit intent under Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act, and Article 109 (2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the prosecution in this case is not instituted.

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