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(영문) 수원지방법원 성남지원 2014.06.20 2014고정568
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual manager of C Co., Ltd. with the fourth floor of the building B in Sungnam-si, Sungnam-si, who has run the publishing business using ten regular workers.

The Defendant did not pay KRW 9,059,303, total amount of wages and annual allowances of five workers, total amount of retirement allowances of KRW 12,956,271,271, within 14 days from the date of retirement, as stated in the list of crimes in attached Table, including D’s wage 1,805,067, retirement allowance 2,219,178, which worked from May 11, 2012 to June 28, 2013 at the same workplace, without any agreement between the parties on the extension of the due date for payment between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, and D;

1. Application of the H’s authentic statement and the details of payment in arrears Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a 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. 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;

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