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(영문) 대전지방법원 천안지원 2014.04.11 2013고정1272
근로기준법위반등
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

The defendant is a user who engages in construction business with 20 full-time workers as the representative of the D (main owners) in the three floors of the building in the Seodaemun-gu Seoul Metropolitan Government.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the four workers' wages, the annual settlement refund in 2012, the total amount of retirement allowances, 22,449,340 won within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as shown in the attached Form, such as E, in which the Defendant worked from July 1, 2003 to March 15, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of F, G, H, and E;

1. Each mutual fact-finding certificate;

1. Application of Acts and subordinate statutes of telephone, etc. confirmation certificate;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the offenses of violating the respective Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits shall be punished, and the offenses shall be punished under the provisions of the same Act of more severe standards);

1. Selection of each alternative fine for punishment;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act concerning the heavy G crimes), among concurrent crimes;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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