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(영문) 서울동부지방법원 2013.12.11 2013고정1655
근로기준법위반등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2013 High Court Decision 1655] The defendant is a representative director of Busan Dong-gu D who is located in Busan Dong-gu D, and runs a construction business using more than 10 full-time workers.

The Defendant did not pay KRW 1,525,30 of G in September 2012, which was worked in Seoul Office located in Songpa-gu Seoul, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

[2013fixed-si 1656] The Defendant is an employer who runs a construction business with four regular workers employed as a H (ju) manager in Songpa-gu Seoul Metropolitan Government F.

1. The Defendant worked in the above workplace from April 13, 2010 to June 14, 2012, and did not pay the total of KRW 2,100,000 paid in May 2012 of I retired, and the total of KRW 3,080,000 paid in June of the same year, including KRW 980,000 paid in June of the same year, and KRW 1,050,000 paid in June of 2011, and KRW 1,050,000 paid in September of 2011, and KRW 2,10,000,000 paid in January of 20, 201 as well as KRW 7,280,000 paid in total, and KRW 309,300,000 in the name of each retired worker and KRW 4,208,000 in the name of each retired worker without agreement.

2. The Defendant, at the same place of business, worked from April 13, 2010 to June 14, 2012, and did not pay KRW 1,986,870 of the retirement allowances of the retired worker as well as KRW 6,821,880 of the retirement allowances of the retired worker as stated in the list of crimes related to H, as stated in the list of crimes related to H.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to G, J and I;

1. Application of the G’s written Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act.

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