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(영문) 창원지방법원 2014.04.29 2014고정230
근로기준법위반등
Text

1. The defendant shall be punished by a fine of 800,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

The Defendant is a person who operates a vessel processing business chain (ju)D by employing 20 full-time workers in Changwon-si, Changwon-si C.

From September 25, 2012 to September 30, 2013, the Defendant, while serving in the said workplace and retired from the said workplace, did not pay KRW 6,278,380 within 14 days from the date on which the cause for the payment occurred without agreement between the parties to the extension of the due date for payment, as well as KRW 3,215,220, total sum of KRW 3,215,220, and KRW 6,278,380, which were retired from the said workplace during the period from July 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A true E statement;

1. A written statement of reference of G (including attached documents);

1. Application of Acts and subordinate statutes to a report on the acquisition of internal investigation data (including attached documents);

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually between a violation of the Labor Standards Act for Workers E and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each 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;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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