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(영문) 수원지방법원 안양지원 2018.12.18 2018고정418
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a user who operated the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., and operated the English education service business.

(1) The Defendant: (1) from September 5, 201 to January 6, 2017, the Defendant did not pay KRW 6,61,155 in total, including KRW 1,50,00,000, and KRW 5,161,155, in total, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties; (2) from February 28, 2016 to March 2, 2017, the Defendant did not pay KRW 1,570,062 in total, which was retired from the said workplace within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties; and (3) from September 1, 2016 to January 21, 2018, the Defendant did not pay KRW 374,375,375,747,375,375,47, and 147,000 retired from the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes on the petition and statement protocol of D, E, and F;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which means the payment of unpaid wages) on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act for Workers D and F, and a violation of the Workers' Retirement Benefit Security Act);

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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