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(영문) 서울중앙지방법원 2013.05.29 2012고단7310

근로기준법위반등

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 the representative of the E Co., Ltd. in the 10th floor of Gangnam-gu Seoul Metropolitan Government, who employs 35 full-time workers and operates real estate brokerage business while operating the above company.

The Defendant, while working in the said company from June 17, 200 to July 5, 2012, did not pay an amount equivalent to KRW 7,614,941 in total, including wages and retirement allowances, etc. for May 1, 2012 to F retired from the said company, within 14 days from the date of retirement, without an agreement between the parties on extension of the due date.

In addition, the Defendant did not pay an amount equivalent to the total of 35,851,245 won, such as wages, etc. for total of 8 workers, within 14 days from the date of each retirement without an agreement on extension of the due date between the parties, as stated in the attached list of crimes (except for the parts described in items Nos. 2, 6, 7, and 11 per year).

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the relevant Acts and subordinate statutes;

1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

1. Selection of an 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 portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is the actual representative of H Co., Ltd. on the first floor of the Songpa-gu Seoul Metropolitan Government Building, who employs 10 full-time workers and operates real estate brokerage business while operating the said company.

The Defendant is working for the said company from January 1, 2012 to March 9, 2012.

The total amount of wages of retired workers C shall be 17,177,410 won, including wages of 7,500,000 won in January 2012, 2012, wages of 7,50,000 won in February 2012, and wages of 2,177,410 won in March 2012, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date.