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(영문) 대전지방법원 천안지원 2017.06.22 2017고정293
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is the user who operates non- alcohol beverage store business by employing 26 full-time workers as the credit rating company and the credit rating company D representative director in Nam-gu, Nam-gu, Seoul.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 4,946,667,964, total amount of wages of 26 workers under the attached Table of Crimes, including KRW 27,96,967,964, total amount of wages of 26 workers under the attached Table of Crimes, within 14 days from the date of retirement, without agreement on the extension of the payment date between the parties concerned, for employees E who retired from office, who worked for the said workplace, etc. from the said workplace from February 1, 2016 to March 28, 2016.

2. From November 30, 2014 to December 31, 2015, the Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 2,660,064 to Workers F retired from the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement or statement (G, H, I, J, E,K, L, M, N, F, andO);

1. Details of arrears, details of fact-finding, such as telephone, and application of each business registration certificate;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (it shall be between a violation of the Labor Standards Act for the same worker and a violation of the Labor Standards Act of the Guarantee of Retirement Benefits for Workers);

1. Selection of a fine for negligence;

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. The Defendant was sentenced to a fine of KRW 1,50,000 due to drinking alcohol in 2013, except for a case where the Defendant was indicted or punished due to a violation of the Labor Standards Act or a violation of the Guarantee of Workers' Retirement Benefits Act, etc. similar to this case, and a case where the Defendant was sentenced to a fine of KRW 1,50,000 due to a violation of the Criminal Procedure Act.

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