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(영문) 수원지방법원 안산지원 2013.10.23 2013고정1520
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the C Hospital located in B at the time of Gyeonggi Culture and Development, and is an employer who provides service business (convalescent hospital) using 29 full-time workers.

The Defendant, at the above workplace from September 7, 201 to April 15, 2013, had worked in D’s workplace, paid 650,000 won for February 2013, and 1,300,000 won for March 2013, and 1,950,000 won for total wages of 8 workers, as shown in the list of crimes in the attached Table, and did not pay 21,296,60 won for total wages of 21,296,00 won for employees within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date for payment.

B. The Defendant did not pay 12,057,204 won in total, including 2,234,270 won of the above employee D retirement pay, within 14 days from the date of retirement where the cause for payment occurred without any agreement on extension of the due date between the parties, as stated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of the E, F, and G;

1. A written statement prepared in D, H and I;

1. Application of the respective Acts and subordinate statutes of the D, H, E, F, I, J, and Preparation

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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