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(영문) 의정부지방법원 고양지원 2015.06.26 2015고단1102
근로기준법위반등
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Institute of Bank Co., Ltd., which is the Corporation Co., Ltd., 1502, Goyang-gu, Manyang-si, Ilyang-si, who runs a computer programming service business using five full-time workers.

The Defendant did not pay KRW 2,100,000 as wages of August 31, 2014 of the FF retired on May 19, 2014 at the same place of business and retired on August 31, 2014, by the lapse of 14 days from the date on which the cause for the payment occurred, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s written statements and written complaints to Acts and subordinate statutes;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the Labor Standards Act, the choice of a fine (the amount shall be determined, taking into consideration all the circumstances, such as the fact that the person first commits an offense and the payment of KRW 1,00,0

1. Articles 70 (1) 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. In the facts charged, the Defendant is the E-representative director of the Silsan-dong-gu Seoul Special Metropolitan City Co., Ltd., which is the Co., Ltd., and operates a computer programming service business using five regular workers. A.

The Defendant, who entered the same workplace on August 4, 2014 and retired on September 17, 2014, did not pay 4,640,270 won as wages from August 2014 to September 9, 2014, as shown in the attached Table Nos. 1 and 3, 8,114,280 won to two retired workers as well as 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties on the extension of the payment.

B. The Defendant was employed on July 9, 2013 at the foregoing workplace and paid KRW 2,083,340 of the retirement allowances of C retired on September 23, 2014, without any agreement between the parties on the extension of the due date for payment, 14 days have passed from the date of retirement, which is the date on which the cause for payment occurred.

2. The facts charged above are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

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