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(영문) 의정부지방법원 2016.02.02 2015고단1720
근로기준법위반등
Text

Defendant shall be punished by a fine of three 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 C in medical city B, is an employer who employs five full-time workers and operates a construction business.

Defendant did not pay KRW 13,715,00 in total amount of D wages, retirement allowance of KRW 11,382,624 in the said workplace from October 14, 201 to December 26, 2014, and did not pay KRW 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police petitioner against D;

1. Results of the calculation of retirement allowances (AA's provisional preparation);

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 a fine of choice of punishment (the victim, the defendant's KRW 5 million, the Labor Welfare Corporation's substitute payment for another person, respectively, and the victim seems to have been partly recovered by obtaining a seizure collection order against the defendant's claim to return the lease deposit, and the damage may be partly recovered, and the amount thereof shall be determined);

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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