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(영문) 의정부지방법원 2014.03.07 2013고단2271
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013 Highest 2271] The Defendant, as the representative of the StateU in Macheon City T, has employed 10 full-time workers and operated the business of manufacturing rice tea.

The Defendant had been working for the said business from around December 31, 2012, and had not paid KRW 750,000,000 to V workers retired from office around February 16, 2013, within 14 days from the date of occurrence of the cause for payment without an agreement between the parties on the extension of the due date.

[2013J 2347] The defendant is the representative of the (ju) X in Macheon-si, who runs the distribution business by using two regular workers.

The Defendant did not pay KRW 1,086,950 of retirement allowances of retired workers who worked in the foregoing workplace, from April 1, 2011 to July 18, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning V;

1. Written statements;

1. The accusation (V);

1. Application of Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Selection of each alternative fine for punishment;

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

1. Articles 70 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 summary of the facts charged [2013 Highest 2271] The Defendant, as the representative of the StateU in Macheon-si, has been employed by 10 full-time workers to operate the rice culture manufacturing business.

The Defendant, from July 4, 201 to July 14, 201, worked for the foregoing company and was retired from office around July 14, 2012, did not pay KRW 1,80,000 to the employees C’ wages of 1,80,000 within 14 days from the date of occurrence of the cause for payment without an agreement on the extension of the due date for payment between the parties concerned and the total amount of KRW 24,670,247 as stated in the attached crime list (excluding V).

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