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(영문) 광주지방법원 순천지원 2013.05.03 2012고정896
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a representative B at all times who runs a construction business after employing six full-time workers.

The Defendant shall work at the relevant workplace from November 10, 2010 to February 29, 2012.

The retired C’s wages of KRW 2,950,00 in December 201, and KRW 2,950,00 in January 201, and KRW 2,950,00 in February 2012, and KRW 10,573,610 in the lawsuit, including KRW 10,573,610 in the amount of retirement allowances, and KRW 19,125,120 in the amount of money and valuables for two workers as stated in the “the details of arrears in payment of money and valuables” in the attached Table, including KRW 10,573,610 in the case of “the details of arrears in payment of money and valuables”, were not paid within 14 days from the date of retirement

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of statutes related to the calculation of average wages and retirement allowances (C, D);

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

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