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(영문) 의정부지방법원 2013.12.12 2013고정1663
근로기준법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 25, 2013, the Defendant was sentenced to nine months of imprisonment for fraud, etc. at the Seoul Northern District Court, and the judgment became final and conclusive on August 2, 2013.

The defendant is the representative of the F (State) located in E at both weeks and is the employer who has run the waste collection and transportation business using 40 full-time workers.

The Defendant did not pay KRW 2,00,000 for G’s wages working from July 12, 2010 to August 31, 201, and did not pay KRW 18,150,000 for the total amount of wages of five workers within 14 days from each retirement date without any agreement on the extension of the due date between the parties concerned, as described in the attached Form (1).

B. The Defendant did not pay KRW 1,672,420 of G retirement pay from July 12, 201 to August 31, 2011 at the above workplace, and did not pay KRW 3,248,350 in total, as stated in the attached Form (1) No. 3 and 6, within 14 days from each retirement date, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition;

1. Ascertainment of fact of delinquency in wages, and wage ledgers;

1. Previous records: The defendant's legal statement and application of Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Articles 31 and 9 of the former Act on the Guarantee of Workers' Retirement Benefits (Amended by Act No. 10967, Jul. 25, 2011; hereinafter the same shall apply)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. The summary of the facts charged is the representative of F(State) located in E in both weeks, who has run a waste collection and transportation business using 40 full-time workers. A.

The Defendant shall be from June 23, 201 to June 23, 2011.

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