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(영문) 의정부지방법원 고양지원 2016.07.21 2016고정202
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of C in the Seo-gu, Busan Metropolitan City, Seoyang-gu, who is an employer who runs a manufacturing business using one full-time worker.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 20,596,774 in total, including the wages of KRW 17,50,000 on September 9, 2014, wages of KRW 17,500,000 on October 3, 2014 through April 15, 2015, and KRW 20,596,774 on May 3, 2015, within 14 days from the date on which the grounds for payment occurred between the parties, without any agreement on the extension of the day of payment between the parties.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 8,334,674 of retirement allowances of retired workers D within 14 days from the date of retirement, which is the date of occurrence of the grounds for payment, without any agreement between the parties on the extension of the payment period, in the said workplace from January 3, 2011 to May 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Determination of average wages and retirement allowance, correction instructions for violations of labor-related Acts and subordinate statutes, and application of Acts and subordinate statutes certifying business registration;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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