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(영문) 서울중앙지방법원 2015.01.06 2014고단1590

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is an actual operator of the 5th floor C (main) in Gangnam-gu Seoul Metropolitan Government, who employs 60 full-time workers and engages in real estate trade and sales business.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days thereafter.

Nevertheless, the Defendant is working from July 1, 2012 to January 24, 2013 at the above workplace.

A total of KRW 47,724,060 (attached Form 13,716,060 in total, and KRW 34,026,00 in attached Form 34,00 in total, as shown in the List of Offenses (1) and (2), including that wages of KRW 2,137,060 in retired D have not been paid within 14 days from the date of retirement, did not pay the total of KRW 38 workers within 14 days from the date of each retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the said Acts and subordinate statutes;

1. Relevant provisions of the Acts concerning criminal facts, and Articles 109 (1) and 36 of the Labor Standards Act concerning the selection of penalties;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.