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Reasons
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(영문) 의정부지방법원 2014.05.22 2013고단3698
근로기준법위반등
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Defendant shall be punished by a fine of three 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, as the representative director of the U.S. corporation in Kuri-si, is an employer who operates franchise food business using 230 full-time workers. [2013dan3698] From August 16, 2011 to October 31, 2012, the defendant worked for the above U.S. U. corporation and retired from office in the above U.S. corporation, and did not pay the total amount of wages and retirement allowances 2,954,246 won in attached Table 1,6,835,120 won in total of wages of four workers and 14,835,120 won in attached Table 1,6 times, as stated in attached Table 1,6 times, and 4,05,499 won in total among two workers within 14 days from the date on which the cause for payment occurred without an agreement between the parties on the extension of the payment date.

[2014 Highest 875] From April 3, 2012 to March 30, 2013, the employee X did not pay KRW 1,283,289, respectively, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, as described in the [Attachment 3] Nos. 1, 44,530, and 3 joints, as stated in the [Attachment 3] Nos. 1, 444,530, and 4 through 6.

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. Statement of the accused in the first protocol of trial;

1. Statement of each police statement on Y, W, X;

1. Each statement of V, Z, AA, AB, W, AC, and AD;

1. Written complaint (Y), each petition (V, Z, AE, W, X, AC, AF, and AD);

1. Labor contract, receipt for tax withholding on earned income, statement of monthly salary, document of salary, document of passbook transaction, document of passbook transaction, document of account payment, document of retirement pay calculation statement, document of employment contract, X (X), details of passbook transaction, details of account payment on wages (AC);

1. Application of Acts and subordinate statutes to certified corporate register;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. Punishment;

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