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(영문) 청주지방법원 제천지원 2013.08.29 2013고단166
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the D representative director of the Dispute Resolution Co., Ltd., is a user who runs the construction business using nine full-time workers.

The Defendant did not pay KRW 43,713,687 in total, within 14 days from the date of each retirement without an agreement on the extension of the due date between the parties concerned, as follows, at the above workplace:

From August 19, 2012 to January 1, 2012, from March 1, 2012 to May 1, 2012, 200, 3,000,000 retirement allowances of 20,262,050 articles of June 3, 200, 200 to June 3, 200,262,050 articles of August 19, 201 to April 11, 2012; 200,60,60,000 to March 1, 20, 200,00,000,000 to April 11, 201 to April 11, 2012; 20,06 to April 1, 200,00 to April 1, 200, 207;

B. When concluding a labor contract with workers F, E, and H, the Defendant did not specify in writing matters concerning the composition of wages, calculation method, payment method, contractual work hours, and holidays under Article 55 of the Labor Standards Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each authentic statement of E, F and G preparation;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts; Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201); Articles 114 subparag. 1 and 17 of the respective Labor Standards Act (a violation of the duty to specify in writing)

1. Articles 40 and 50 (E and G violation of the Labor Standards Act due to each payment of wages, and each violation of the Guarantee of Workers' Retirement Benefits Act) of the Criminal Act for the ordinary concurrent crimes;

1. Violation of the Labor Standards Act due to the failure to pay the chosen wages, and the choice of a fine for violation of the Guarantee of Workers' Retirement Benefits Act;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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