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(영문) 수원지방법원 2013.07.17 2013고단1660
근로기준법위반등
Text

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 the "B" and is the user who runs the business of soft manufacturing by using six regular workers.

around January 14, 2013, the Defendant works in the place of business located in Sungsung-si, and is working from November 17, 201 to December 31, 2012.

The retirement D's total sum of KRW 3,898,060 and retirement allowances of KRW 1,980,240 from October 2, 2012 to December 2, 2012 did not pay KRW 5,873,30 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of statutes to the details of delayed payment of money and goods, details of unpaid benefits, and calculation of retirement allowances;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

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 the representative of the Dispute Resolution Co., Ltd. and the user who operates the Plet manufacturing business using six regular workers.

The Defendant works in the place of business located in Sungsung-si, Seoul, around January 14, 2013, from April 1, 201 to December 31, 2012.

The retired FF’s total amount of KRW 8,159,160 and KRW 12,831,600, including retirement allowances and retirement allowances of KRW 4,672,440 from October 2012 to December 12 of the same year, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date between the parties concerned, as described in Nos. 1, 2, 3, 4, and 6 in the attached crime list, and did not pay KRW 5,870,110 for five workers within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

2. The above facts charged are crimes falling under Article 109(1) of the Labor Standards Act.

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