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(영문) 의정부지방법원 2013.08.22 2013고정122
근로기준법위반
Text

Defendant

B shall be punished by a fine of 500,000 won.

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Criminal facts

Defendant

B is the representative of the E Co., Ltd. located in the Council-si and is the employer who runs a private teaching institute business with ten full-time workers.

Defendant

B When serving in the said company from November 15, 201 to February 28, 2012, while serving in the said company as wages and retirement allowances 2,540,308 won, and from November 15, 2011, the said company did not pay 4,64,584 won in total, including G wages and retirement allowances 2,104,276 won, which were retired on February 28, 2012, within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Defendant B’s legal statement (as of the second trial date);

1. Statement made by the police with H and F;

1. F's writing of self-statement (investigative records No. 9), G's writing (investigative records No. 220);

1. Tuition fees, bulletin board, part-time table for commuting, lecture hours, ledger of wages, and detailed statement of wages;

1. Details of overdue money and valuables and calculation statement of retirement allowances;

1. To apply Acts and subordinate statutes on the calculation of overtime allowances and the detailed statement of overdue money and valuables;

1. Articles 109(1) and 36 of the Labor Standards Act, and Articles 31 (wholly amended by Act No. 10967, Jul. 25, 201) and 9 of the former Guarantee of Workers' Retirement Benefits Act for criminal facts;

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

1. Selection of each alternative fine for punishment;

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;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that Defendant A is the representative of the E-stock company located in Speaker-si D and runs a private teaching institute business with ten full-time workers.

Defendant

A From September 2, 2008 to November 15, 2011, the sum of KRW 6,200,142, and KRW 3,791,373, such as annual salary, etc. from August 30, 201 to November 15, 201, and KRW 9,91,515,00,00 in total, from August 30, 201 to November 15, 201.

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