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(영문) 의정부지방법원 2013.11.22 2013고단2476
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of H located in two weeks, who is an employer who runs a furniture manufacturing business using seven regular workers.

1. The Defendant in violation of the Labor Standards Act was serving in the above company, from November 20, 2005 to July 31, 2012, and for the same year.

8.1. As indicated in the [Attachment 4,440,00 won, including I’s wage and bonus 4,40,000 won retired in .1., two workers did not pay 7,96,80 won in total as wages and bonuses within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

2. The defendant who violated the Guarantee of Workers' Retirement Benefits Act has served in the above company, from November 20, 2005 to July 31, 2012, and for the same year;

8.1. 1. The retirement pay of 12,628,391 won in total, including 10,432,281 won in the I retirement allowance of 10,432,281 won, was not paid within 14 days from the date of the retirement of 14 days from the date of the occurrence of the cause for payment without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written statement prepared in the I;

1. Each written petition;

1. Results of calculation of retirement allowances;

1. Application of Acts and subordinate statutes concerning details of overdue payments;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is the representative of H located in two weeks, who runs a furniture manufacturing business using seven regular workers. A.

The Defendant in violation of the Labor Standards Act was serving in the above company and from March 2, 2009 to July 31, 2012 for the same year.

8.1.1.

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