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(영문) 의정부지방법원 2017.11.17 2016고단3698
최저임금법위반등
Text

1. Defendant A shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A- Violation of the Labor Standards Act and the violation of the Guarantee of Retirement Benefits for Workers from October 15, 201 to January 31, 2015, the Defendant did not pay KRW 1,79,680 paid leave allowances for unpaid annual leave of absence, retirement allowances of KRW 4,514,857, totaling KRW 6,314,537, and KRW 6,314,537, and annual paid leave allowances of KRW 2,432,480, retirement allowances, retirement allowances of KRW 7,952,206, total amount of KRW 10,384,686, within 14 days from the date of each retirement without agreement between the parties on extension of the payment date.

2. Defendant B - The Defendant violated the Labor Standards Act did not pay KRW 52,80,00 from the date of each retirement within 14 days from the date of each retirement without agreement between the parties on the extension of the payment deadline between the parties to each of the annual paid leave allowances of KRW 44,640,00 in total of KRW 1,902,766, and KRW 52,880 from February 1, 2015 to March 24, 2015.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each statement made in C and D in the second public trial records;

1. Each written petition;

1. Application of Acts and subordinate statutes reporting the results of investigation / [Defendant A]

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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

1. Selection of an alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act / [Defendant B]

1. Relevant Article of the Act on Criminal Facts and Articles 109 (1) and 36 of the Act on the Standards for Optional Labor.

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

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59 of the Criminal Act of the Suspension of Sentence

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