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(영문) 수원지방법원 2014.04.28 2014고단646
근로기준법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the representative of Q Q Q, is an employer who runs food distribution business, such as half-way in the national large retailer. From February 1, 2013 to October 16, 2013, the Defendant served in the business establishment located in the Young-gu, Young-gu, Suwon-si, the total of 3,085,00 won, and the total of 7,428,955 won for 3 workers retired from office in the S building store as shown in the attached Table 1 of crime inundation, and did not pay 14 days from the date of his retirement without any agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statements C (U Representation), V, and T;

1. The certificate of arrears;

1. Application of Acts and subordinate statutes to account payable;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

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. Of the facts charged in the instant case, the part concerning the dismissal of prosecution under Article 334(1) of the Criminal Procedure Act regarding C, D, E, F, G, H, I, J, K, L, M, N,O, P is the same employer as the facts charged in the judgment, and the Defendant is the same employer as the defendant stated in the judgment, from February 1, 2013 to October 1, 2013, and the employee C’s total wages amounting to KRW 2,854,579 as well as KRW 34,486,319, and one of them falls under the proviso to Article 334(1) of the same Act, and the Defendant did not pay the unpaid retirement allowance amounting to Article 14(1)4 of the Labor Standards Act within 14 days from the date of retirement without agreement on the extension of payment period between the parties, which constitutes an unpaid retirement allowance amount of KRW 1,261,960, total amount of KRW 35,748,279.

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