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Reasons
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(영문) 의정부지방법원 고양지원 2015.05.22 2015고정148
근로기준법위반등
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of the Silsan-gu Seoul Metropolitan City, which is the 404 building B, who employs ten full-time workers and operates the vocational training service business.

1. The Defendant is working in the foregoing workplace from January 12, 2009 to June 12, 2014.

A retired worker D’s total amount of KRW 9,860,000,000 as stated in the attached crime list, including KRW 2,060,00 on April 2014, did not pay KRW 9,860,000 from the date of retirement within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The Defendant is working in the foregoing workplace from January 12, 2009 to June 12, 2014.

A retired employee's retirement allowance of KRW 4,010,550, including KRW 4,010,550, did not pay KRW 12,46,940 of retirement allowances of D, E, and F within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in relation to D, F, and E;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. It is so decided as per Disposition on the grounds of Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the Criminal Code of the Republic of Korea (including the reflection of the defendant, the absence of criminal records of the same kind, the fact that the defendant

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