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(영문) 서울중앙지방법원 2013.09.27 2013고정2891

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative director of C in the fourth floor of the Gangnam-gu Seoul Metropolitan Building, was a full-time employer who employs 20 full-time workers and operates a service business (technical services).

The Defendant, while working in the said workplace from September 1, 2009 to December 1, 201, did not pay KRW 25,538,510 in total as well as KRW 2,957,060 in the attached crime list for three retired workers, as well as KRW 25,538,510 in total, as the attached crime list for three retired workers, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

B. The Defendant, while working from March 3, 2008 to May 4, 2010, did not pay 31,389,810 won in total as well as 3,590,990 won in retirement allowances to retired workers E, as shown in the list of crimes against six retired workers, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the Acts and subordinate statutes written in E, F, G, D, H, and I;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts; Article 44 Subparag. 1, Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that payment of retirement allowances to E, F, G, D, and H is not made); Articles 31, 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the violation of the Labor Standards Act against D and the Guarantee of Workers' Retirement Benefits against D, the violation of the Labor Standards Act against H and the Guarantee of Workers' Retirement Benefits against H, the violation of the Labor Standards Act against I and the Guarantee of Workers' Retirement Benefits against I);

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