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(영문) 수원지방법원 성남지원 2015.04.10 2014고정1346
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a user who operates the business of manufacturing aviation electronic equipment by employing 30 full-time workers as the representative of the Dispute Resolution D Co., Ltd., in Seongbuk-gu, Sungnam-si.

1. The Defendant did not pay KRW 3,923,310 of the victim E’s annual paid leave allowance not paid to the victim E, who worked from July 3, 2006 to August 23, 2013 at the same place of business, to 14 days after the date of his/her retirement, without any agreement on the extension of the due date between the parties concerned.

2. The Defendant did not pay retirement allowances of 34,135,400 won to the above victim within 14 days from the date of retirement without an agreement between the parties on the extension of the payment due date.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. A written petition;

1. Career certificates and proxy certificates;

1. Business registration certificate, a certified copy, and a full certificate;

1. Retirement allowance payment records;

1. Application of Acts and subordinate statutes to the details of the settlement of payments made on August 2013;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as ordered by comprehensively taking into account the amount of overdue wages and retirement allowances paid to the victim after the institution of the instant case.

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