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Reasons
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(영문) 수원지방법원 성남지원 2015.08.20 2015고정446
근로기준법위반등
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a representative director of the Co., Ltd., which is a building B in Seongbuk-gu, Sungnam-si, and operates a program development business using eight full-time workers.

1. The Defendant did not pay KRW 675,000 of the monthly wage in May 14, 2012 to D workers who worked in the foregoing workplace from May 16, 2012 to May 16, 2014, and did not pay KRW 2,00,000 of the monthly wage in October 1, 2014 to I who worked in the workplace from July 1, 2010 to November 10, 2014, and KRW 66,666 of the monthly wage in November 2014 within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. If the Defendant intends to dismiss an employee, he shall give the employee a notice of at least 30 days in advance, and if he did not give a notice of dismissal 30 days in advance, he shall pay 30 days’ ordinary wages or more, but he did not pay 2,00,000 won for 30 days’ ordinary wages without giving a notice of dismissal 30 days’ ordinary wages.

3. The Defendant did not pay KRW 2,184,090 of the I retirement pay of workers D, who worked at the above workplace from May 14, 2012 to May 16, 2014, and KRW 2,184,090, which was worked from July 1, 2010 to November 10, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D or I prepared;

1. Application of Acts and subordinate statutes on arrears of individuals;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, Article 44 subparagraph 1, or 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 an 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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