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(영문) 의정부지방법원 2014.07.10 2014고정578
근로기준법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of C(State) in both weeks, who ordinarily employs eight workers and operates a specialized construction business.

From March 1, 2007 to November 15, 2013, the Defendant, at the same place of business, did not pay KRW 3,000,000 for retirement workers D’s wages of October 2013, as well as KRW 4,500,000 for total wages of November 2013, and KRW 19,821,302 for retirement allowances 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. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing the written petition for DNA preparation;

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act (the point of payment of wages), Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (the point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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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