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(영문) 수원지방법원 안산지원 2014.06.25 2014고정605
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Criminal facts

The defendant is a user who runs metal processing business using three full-time workers, who is a (ju) D representative director of the C&D corporation 1ma 706.

1. The Defendant did not pay KRW 500,000,000,000 as wages for June 2013, 2013, and wages of KRW 500,000,00,000,00,000,00 from July of the same year, which were employed from December 20, 2010 to June 17, 2013, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment

2. An employer shall, when he/she concludes a labor contract with a worker, specify working conditions, such as wages, contractual work hours, holidays, annual paid leaves, and such working conditions shall be granted to the worker by specifying in writing the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leaves;

Nevertheless, on December 20, 2010, when concluding a labor contract with a worker E, the Defendant did not specify in writing working conditions such as the constituent items, calculation method, payment method, contractual work hours, holidays, annual paid leave, etc. of wages, and did not deliver them.

3. The Defendant worked in the above workplace and did not pay KRW 3,651,600 of retirement allowances E of the retired workers within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties to the extension of payment

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused (including the E-statement part);

1. A written statement and a written petition of E;

1. Application of Acts and subordinate statutes on the benefit ledger in July 2013;

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 114 subparagraph 1 and Article 17 of the Labor Standards Act, Article 4 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, Article 44 subparagraph 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;

1. Selection of a fine for a violation of the Guarantee of Workers' Retirement Benefits Act;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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