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(영문) 수원지방법원 성남지원 2014.09.18 2014고단415
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a representative C in Sungnam-si B and 3, who runs a construction business with six full-time workers.

The Defendant did not pay the amount of KRW 19,46,00 and retirement allowance of KRW 46,59,089 from the date of retirement to October 31, 2013 of workers D who worked from July 1, 2006 to October 31, 2013, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of wage specifications and Acts and subordinate statutes concerning the calculation of retirement allowances;

1. Articles 109 (1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine to choose a sentence (the case is not less than the case, considering the amount of unpaid wages and retirement allowances which the accused has not been liquidated within the statutory period, the unpaid period, the substantial amount of the unpaid wages and retirement allowances, and the absence of agreement with the victimized employee, but the case is not less than the case, taking into account the fact that the unpaid wages and retirement allowances have been fully paid, however, the amount equivalent thereto shall be determined by taking into account when determining the amount of fine that the victimized employee has requested the seizure and collection order, not

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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