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(영문) 수원지방법원 안산지원 2013.12.10 2013고정1633
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant and C are co-representatives in Ansan-si members D, who conduct manufacturing business using 12 full-time workers.

1. The Defendant and C did not pay each of the wages and bonuses of KRW 18,780,942 within 14 days from the date of retirement without an agreement on the extension of payment period between the parties concerned, as shown in the attached Form, including the FF’s wages of KRW 3,772,120 on September 21, 2012, which worked from November 15, 200 to January 21, 2013.

2. The Defendant and C did not pay the F retirement allowance of KRW 18,505,617, working from November 15, 200 to January 21, 2013 at the same place of business within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused and C;

1. A written statement;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 49, 62 pages);

1. Articles 109(1) and 36 of the Labor Standards Act, Article 30 of the Criminal Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (F in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order of provisional payment order include the background leading up to the Defendant’s chief director of the instant company, the period of work of workers, the amount of wages in arrears, etc.

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