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(영문) 서울남부지방법원 2015.06.01 2015고정443

근로기준법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual manager of C Co., Ltd. in Geumcheon-gu Seoul Metropolitan Government, the non-dong 2013, who employs nine full-time workers and operates semiconductor design and manufacturing business.

The defendant from March 24, 2014 to the same year.

6. To serve until 17.

Although retired D's wages of KRW 1,88,888 on June 6, 2014, the total amount of KRW 12,333,329 on wages of six workers was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of the due date, as shown in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in relation to E, F and G;

1. A H statement;

1. Each report on investigation;

1. Each labor contract, recording book, and a statement of wage calculation on June 2014;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are divided by a defendant, and the punishment is determined as ordered in consideration of all the circumstances, including the fact that the defendant paid 12,33,317 won to workers by November 10, 2014, and most of the overdue wages have been paid, and the reasons for the overdue payment of wages and the time of payment.