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(영문) 의정부지방법원 2013.04.25 2013고정615
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the representative of the “C” departmented in B’s House located at the Government-si, and is engaged in food service business using five regular workers.

The Defendant worked from December 29, 2006 to June 29, 2012, and retired D retirement pay of KRW 5,957,180, and from May 26, 2008 to February 17, 2012, the Defendant did not pay KRW 8,498,137 within 14 days from the date of the occurrence of the cause of payment, without agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Examination protocol of suspect by the special judicial police officer against the accused;

1. Statement of the special judicial police officer against D;

1. Each written statement prepared D and E;

1. Application of Acts and subordinate statutes on a payment record and benefit ledger of each daily earned income;

1. The prosecutor under Article 9 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 31 and 31 of the former Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201) regarding criminal facts and Articles 31 and 9 of the Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201) stated the name of crime and applicable provisions of law in the indictment only as “violation of Labor Standards Act”

On the other hand, this difference between the criminal and the applicable provisions of law, and there is no concern that the charges and statutory penalty are identical so that the defendant may have a substantial disadvantage in exercising his/her defense right

(Selection of Fine)

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;

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