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(영문) 수원지방법원 안양지원 2015.10.16 2014고정1160
근로기준법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant and C jointly run the civil engineering design business by using not less than 20 workers on a regular basis, as the representative director of the F inag-si F in the 7th floor of the E-building in Ansan-si and Ansan-si.

1. The Defendant worked in the foregoing workplace from July 10, 200 to January 8, 2014, and did not pay the total amount of KRW 2,702,310 for the month’s wages of May 2012, wages of KRW 2,714,630 for July 2012, KRW 2,424,740 for August 2012, KRW 2,424,740 for October 2012, KRW 1,731,260 for July 2, 2013, KRW 2,451, KRW 260 for August 2, 2013, KRW 2,451, KRW 2,451, KRW 260 for September 2, 2013, KRW 1,420 for the month’s wages of KRW 1,51, KRW 1,420 for the year 205, KRW 1631,2016.

2. The Defendant did not pay KRW 11,805,451 of G retirement pay, as above, to the above workplace, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness G, C, H, I, J, and K;

1. Police suspect interrogation protocol regarding C;

1. Determination as to the assertion that the minutes of the special shareholders' meeting are not "employer"

1. The term "employer" under Article 36 of the Labor Standards Act and Article 9 of the Guarantee of Workers' Retirement Benefits Act refers to an employer, a business manager, or a person who acts on behalf of an employer with respect to matters relating to workers (Article 2(1)2 of the Labor Standards Act). The term "business manager" refers to a person who is responsible for general business management and represents or acts on behalf of an employer with a comprehensive delegation of all or part of business management from an employer. The Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act are obliged to observe each of the provisions of the same Act.

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