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(영문) 수원지방법원 2015.07.01 2015고정281
근로기준법위반등
Text

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 operated metal mining wholesale business by using seven full-time workers as the representative of the Bank of Export and Import Co., Ltd., which is in No. B 1202.

1. The Defendant did not pay the said company’s wages of KRW 2,565,30 for the amount of wages of KRW 2,564,00 for December 1, 2013, and KRW 2,532,070 for the amount of February 2, 2014, and KRW 2,532,070 for the amount of wages of KRW 2,550,550,500 for the amount of March 3, 2014, and KRW 580,212 for the amount of wages of April 1, 201, and KRW 20,792,112 for workers from May 1, 2013 to April 8, 2014; and KRW 10,00 for the amount of wages of KRW 10,550,50,500 for the amount of wages of KRW 10,00 for the employees to 10,000 for the period of February 28, 2014.

2. The Defendant did not pay KRW 7,533,982 to the above employee D’s retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes confirming facts of E;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and 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 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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