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(영문) 서울중앙지방법원 2013.09.10 2012고정4403

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who employs 200 full-time workers on the fourth floor of Songpa-gu Seoul Metropolitan Government, and operates D.

The defendant is an employee of the above D from October 27, 201 to January 20, 2012.

The amount of KRW 11,450,000 paid monthly wages of October 201, KRW 750,000 for retired workers E, KRW 4,20,000 paid monthly wages of November 201, and KRW 4,200,000 paid monthly wages of December 201, and KRW 11,450,000 paid monthly wages of January 201 without an agreement between the parties on the extension of the due date for payment between the parties, and the amount of KRW 32,190,000 paid monthly wages of five retired workers, as shown in the attached crime list, were not paid within 14 days from the date on which the cause for payment occurred without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E, F and G in the third protocol of trial;

1. Statement made by a witness H in the fourth trial record;

1. Legal statement of a witness I (the eighth public trial);

1. Application of Acts and subordinate statutes to a written confirmation of daily wages of work and the current status of work by month;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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;