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(영문) 수원지방법원 성남지원 2014.04.25 2014고정241
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant, who operates a civil engineering and design company C, had worked for the company from July 9, 2012 to April 8, 2013 as an employee D’s wage of 2,765,770 won on December 12, 2012, and wage of 2,922,520 won on January 1 through 3, 2013, and wage of 779,339, income tax refund of 257,620, total amount of 12,570,289 won, including the fact that two workers have not been paid within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, as stated in the [Attachment] 4,5] list of individual delayed payment money and valuables, income tax refund of 25,340,479, as stated in the [Attachment] 4,5] list of individual workers’ arrears payment money and valuables, and did not pay them within 14 days from the date of retirement without agreement between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each written statement of D and E;

1. Application of each relevant statute;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Of the facts charged in the instant case, the summary of the violation of the respective Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits, as stated in the separate sheet Nos. 1 through 3, the Defendant was a person who operates C, a civil engineering and designing company, and worked for the said company from June 4, 2012 to October 31, 2012, who did not pay the wages of KRW 2,213,160 on October 31, 2012 to 14 days from the date of his/her retirement without an agreement on extension of the payment due date between the parties concerned, as stated in the separate sheet Nos. 1 through 3, including the fact that the payment was not made within 11,192,977, retirement allowances, KRW 8,968,946, as stated in the separate sheet No. 1 or 3, the amount refunded to the individual workers, and the amount refunded to the individual employees,

2. We examine the judgment. This part.

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