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Reasons
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(영문) 의정부지방법원 고양지원 2014.01.09 2013고정1333
근로기준법위반등
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of E Co., Ltd. with 1-101 in Young-gu, Suwon-si, who runs food distribution business using 40 full-time workers.

1. The Defendant worked in the foregoing workplace from September 5, 2012 to October 16, 2012, and was retired from the said workplace, and did not pay the total of KRW 1,730,000 in wages in September 5, 2012, and the total of KRW 1,730,000 in wages in October 2012, and KRW 1,730,000 in wages in December 8, 2012, ② From August 8, 2012 to November 25, 2012, G retired from the said workplace and did not pay KRW 80,000 in wages in November 20, 200, ③ from October 19, 2012 to November 7, 2012; and he did not pay the total of KRW 40,000 in wages in October 540, 200; and paid KRW 80,010 in October 10, 2012.

2. The Defendant worked in the foregoing workplace from November 6, 2010 to August 12, 2012, and did not pay KRW 2,420,190 of retirement allowances of the I retired from the workplace within 14 days from the time when the cause for the payment occurred without agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of F, H, G, and I

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

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant, as the representative of the Co., Ltd. E, worked from June 8, 2012 to February 16, 2013, and retired from the said workplace, 4,069,280 won in total as wages from November 2012 to February 16, 2013, and 3,89,80 won in total as wages from December 1, 2012 to February 16, 2013 and retired from C, without an agreement between the parties on the extension of payment period.

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