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(영문) 창원지방법원 2014.01.10 2013고정1367
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative of the “C Driving Institute” in Kim Sea-si B, is an employer who operates a private teaching institute business by employing six full-time workers.

The Defendant is working as an English instructor of the said private teaching institute from March 1, 2011 to April 22, 2013.

A retirement allowance of D, including 4,083,897 won, was not paid within 14 days from the date on which the cause for payment occurred without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written appeal and written statement;

1. A complaint;

1. Application of the relevant Acts and subordinate statutes to the specifications of calculation of each retirement allowance and individual delinquent money and valuables;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each alternative fine for punishment;

4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.

5. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

6. Article 334 (1) of the Criminal Procedure Act.

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