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(영문) 서울북부지방법원 2016.05.26 2015고정2331
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who conducts the clothing manufacturing business by using 12 full-time workers as the representative of E in Seoul Jung-gu D and 2.

From December 9, 2013 to January 14, 2015, the Defendant did not pay the amount of KRW 1,650,000 of the worker F retired while working in the pertinent workplace and retired from the said workplace within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Application of the F’s authentic and written statements to the Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of each alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant is a full-time employee of E in Seoul Central Government, the second and second floor, who is a full-time employee of E and operates the clothing manufacturing business.

The Defendant worked in the foregoing workplace from March 20, 2013 to December 20, 2014, and then retired workers B’ wage of 680,000,000 won on June 2014, 2014, and the amount of retirement pay of 3,103,940 won on December 20, 2014, and the amount of wages of 3,103,940 won on February 20, 2012 to January 13, 2015, and did not pay wages of 1,20,000,000 won on May 20, 2014, as wages of 40,000,000, retirement allowances, 3,405,950 won on June 20, 2014, without an agreement between the parties on the extension of payment date.

2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and are against the victim’s explicit intent under the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

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