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(영문) 청주지방법원 2017.11.24 2017고정538
근로기준법위반등
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a representative director of Pyeongtaek-si B and the Dispute Resolution Co., Ltd. located in the second floor, who employs ten full-time workers and operates a construction business.

A. The Defendant had worked from May 27, 2015 to February 18, 2017 as an employee of the said workplace, and did not pay KRW 4,595,120 of the retirement pay of the retired E within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

B. From May 27, 2015 to February 18, 2017, the Defendant’s employees employed at the above workplace did not pay the total of KRW 4,410,000 for KRW 2,70,000 on January 1, 2017, and the total of KRW 1,710,000 on February 2, 2017, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

The application of Acts and subordinate statutes on internal investigation data to the defendant in the police interrogation protocol E

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 (which shall not be paid for retirement);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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