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(영문) 수원지방법원 성남지원 2013.06.10 2012고단1949
근로기준법위반
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Defendant shall be punished by a fine of KRW 3,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

[2013 high-level 475] The Defendant is a representative director of JJ in 502 of the I building in Sungnam-si, Sungnam-si.

[1] With respect to K workers who worked from October 1, 201 to April 30, 2012, the Defendant did not pay KRW 135,501 wages for August 1, 2011, ② the wages of September 2, 2011; ③ the wages of KRW 1,52,495 for October 1, 201; ④ the wages of KRW 3,044,990 for November 1, 201; ⑤ the wages of KRW 3,04,90 for KRW 3,04,90 for December 12, 201; and ④ the wages of KRW 3,014,060 for August 2, 2012; and ② the wages of KRW 3,613,430 for March 3, 201; and ② the retirement allowances of KRW 3,530 for retirement allowances from September 2, 201; and ④ the retirement allowances of KRW 3,54,2015

Summary of Evidence

1. Defendant's legal statement;

1. Each statement K and L;

1. Detailed statement of accrued wages;

1. Application of Acts and subordinate statutes on calculation sheets of retirement allowances;

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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 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. A summary of the facts charged [1] The defendant's place of business stated in the facts constituting a crime / [1] With respect to C employed by the defendant from March 8, 2010 to April 30, 2012, the wage of 3,121,479 won as of July 7, 201, ② the wage of 1,782,480 won as of August 8, 201, ③ the wage of 2,570,320 won as of September 9, 201, ④ the wage of 1,751,535 won as of October 10, 201, ⑤ the wage of 3,515,030 won as of December 3, 201, 6.375 won as of December 3, 201, 70 won as of December 3, 201, 70 won as well as wage of 1,78 won as of March 39, 2019.

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