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(영문) 광주지방법원 2017.07.21 2017고단883
근로기준법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who employs 10 full-time workers in Dongducheon-si D and operates Textiles Manufacturing Business E.

From November 3, 2014 to December 30, 2014, the Defendant did not pay KRW 1,740,000 to retired workers who worked for the foregoing company and retired workers on December 12, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Application of Acts and subordinate statutes written in the statement prepared by the F;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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

1. Although the wages in arrears with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the defendant has two previous criminal records of the same kind.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

Rejection of Public Prosecution

1. The summary of this part of the facts charged is that the Defendant employs ten full-time workers in Dongducheon-si D and operates Textiles E.

From August 8, 2013 to January 6, 2015, the Defendant served for the same period as the total of KRW 881,60 on December 2014, and KRW 425,80 on January 2015, including KRW 3,048,420 on retirement pay and KRW 4,35,820 on December 12, 2014, and did not pay KRW 309,677 and retirement pay KRW 2,292,840 on January 2015 to the retired employee C, without agreement between the parties on the extension of payment period.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and the injured party pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

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