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Reasons
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(영문) 수원지방법원 안양지원 2013.07.25 2012고단1139
근로기준법위반등
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is the representative director of D Co., Ltd., the eightth floor of the building C, who employs 60 full-time workers and operates the automobile parts manufacturing business.

From March 5, 2012 to July 2, 2012, the Defendant, while serving in the said workplace and retired from office, did not pay the total of KRW 2,607,620 in April 2, 2012, and KRW 2,637,620 in May wage, and KRW 7,882,860 in June wage, and KRW 7,637,620 in June wage, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.

"2012 Highest 1139"

2. The Defendant is an actual operator of D, a corporation with the eighth floor of the building C, who employs 35 full-time workers and operates automobile parts manufacturing business.

From October 20, 2010 to October 15, 2012, the Defendant, while serving in the pertinent workplace, did not pay the amount of KRW 1,690,00 of his/her retired workers’ wages in September 2012, and KRW 5,827,930, the sum of KRW 845,00, retirement pay3,292,930 in October 2012, and KRW 5,827,930, without any agreement between the parties on the extension of payment deadline, within 14 days from the date on which the cause for payment occurred.

[Abstract of 2013 Highest 403] Evidence 【2012 Highest 1139】

1. Defendant's legal statement;

1. E’s written statement (2013Hayman403);

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the calculation statement of average wages and retirement allowances;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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