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(영문) 대전지방법원 홍성지원 2015.02.25 2014고단245
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

The Defendant, as the representative of C in Seoul Jung-gu, is an employer who employs more than 30 full-time workers and operates a travel agency business. From January 2, 2013 to September 10, 2013, the Defendant did not pay 88,890 won of retired workers D's wages at the above workplace, including 4, 22, 23, 24, and 25 won in total, five employees' wages, as shown in the [Attachment] No. 4, 22, 27, 597 won in total, and No. 29 in the [Attachment] No. 29 in the [Attachment] List No. 11,727,597 in total, and the [Attachment] No. 29 in the [Attachment] E's retirement pay 2,00,307 won from the date of retirement without agreement

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition, authentic statement, retirement allowance calculation, and specification of transactions in receipt of wages;

1. Written petition, F Statements, and power of attorney of D;

1. Documents and written statements of G;

1. A written petition and a written statement of H;

1. A copy and a written statement of the I;

1. Application of Acts and subordinate statutes of the J;

1. Relevant legal provisions concerning facts constituting an offense and the fact that each of the selective wages is not paid: Article 109 (1) or 36 of the Labor Standards Act: Items 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act concerning D with the largest penalty);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the facts charged regarding the dismissal of prosecution pursuant to Article 334(1) of the Criminal Procedure Act is that the defendant, as the representative of the stock company C located in Jung-gu Seoul Metropolitan Government, who employs 30 full-time workers and operates travel agency business by employing 30 full-time workers. The defendant did not pay the wages and retirement allowances of the retired workers who worked in the above workplace within 14 days from the date of each retirement without any agreement on the extension of the payment period between the parties concerned.

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