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(영문) 광주지방법원 2015.11.12 2015고정924
근로기준법위반등
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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 representative of the credit rating company E in Gwangju building, who is engaged in the business of producing computer traffic and special video images using 20 full-time workers.

From March 2, 2009 to April 30, 2013, the Defendant did not pay 27,419,855 won, including the total sum of 5,252,841 won for the year 2012 wage, 5,538,462 won for the year 2013 wage, 1,524,065 won for retirement pay, 12,315,368 won for retirement pay, 12,315,368 won for the year 2012 wage and retirement pay of 3 workers employed in the said workplace as described in the attached Table No. 1, 3, and 5, within 14 days from the date of each retirement without any agreement between the parties to the payment period.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. To apply Acts and subordinate statutes to the detailed statement of overdue money and valuables and the detailed statement by individual;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Act on Guarantee of Workers' Retirement Allowances and Benefits (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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. From August 1, 2008 to July 31, 2012, the Defendant did not pay the total of KRW 3,186,372, and the total of KRW 12,389,69, and KRW 14,00,00 from each date of retirement within 14 days from the date of retirement, as stated in the [Attachment List No. 2 and No. 4] of employees working at the said workplace, as well as the total of KRW 3,186,372, working at the workplace of the company E located in the building of Gwangju Nam-gu, Nam-gu, Gwangju.

2. Determination is based on Article 109(1) and Article 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act.

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