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(영문) 수원지방법원 평택지원 2015.06.18 2014고정844
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[2014cc. 844] The Defendant is an actual manager of C Co., Ltd. in Ansan-si B, who runs the manufacturing business of construction metal products using 13 regular workers.

The Defendant worked from November 2, 2013 to December 17, 2013 at the foregoing workplace, and retired D’s wages of KRW 1,280,000 on November 2, 2013, and did not pay KRW 4,135,000 for the total wages of two retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment, as described in the attached Table Nos. 4 and 6.

[2014 fixed-term 845] The Defendant did not pay KRW 1,520,000, totaling KRW 1,60,000 from October 8, 2012 to November 2, 2012, and KRW 1,520,000 from November 2, 2012, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

[2014 fixed-term 846] The Defendant did not pay KRW 2,100,000 from December 9, 2013 to December 27, 2013 at the same place of business within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

[2014 High Court Decision 844]

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Details of the money and other valuables in arrears [2014 fixed845];

1. Defendant's legal statement;

1. A written statement of E [2014 high-level 846];

1. Defendant's legal statement;

1. Application of F’s written Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

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. Determination on the application of the sentencing guidelines under Article 334(1) of the Criminal Procedure Act: The dismissed part [2014cc. 844] that is not subject to the application of the sentencing guidelines under Article 334(1) of the same Act. The Defendant is a person who is an actual manager of C in Ansan-si Co., Ltd. and runs a manufacturing business of construction metal products using 13 regular workers

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