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(영문) 의정부지방법원 고양지원 2014.02.07 2012고정1957
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual operator of the D Company in P in P, who is an employer who operates wholesale and retail business (heating apparatus) by employing three regular workers.

The Defendant did not pay the total amount of KRW 2,700,00 on May 9, 2011, which was worked from July 9, 2005 to April 9, 2012; KRW 2,700,000 on June 2, 201; KRW 2,400,000 on August 8, 201; KRW 200,000 on November 201; KRW 200,000 on December 20, 201; KRW 10,000 on January 1, 201; KRW 40,000 on March 3, 201; KRW 80,000 on April 10, 201; KRW 10 on retirement allowances; and KRW 100,50,00 on the date of payment; and KRW 10,501,00 on retirement allowances; and KRW 200 on May 10, 2012;

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Details of benefit passbooks; and

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is that the Defendant is an actual operator of the D Company in the case of Pakistan, who employs three full-time workers and operates wholesale and retail business (heating apparatus).

The Defendant did not pay KRW 2,500,000 from July 9, 2005 to April 9, 2012, as wages of KRW 2,50,000 on January 1, 2006, wage of KRW 200,000 on April 2009, wage of KRW 400,000 on October 2009, wage of KRW 200,000 on November 1, 201, and wage of KRW 60,000 on April 201, within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

2. The evidence that corresponds to this part of the facts charged can be admitted to the witness E, F’s legal and police statements.

However, E and F stated to the effect that the Defendant paid wages to E only as a bank account, there is no wage paid in cash or check, and there is no wage and expenses paid at once. However, G’s agricultural bank account.

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