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(영문) 서울서부지방법원 2014.09.02 2014고정1075

근로기준법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of Yongsan-gu Seoul Metropolitan Government C Co., Ltd. who runs a wholesale and retail business using two full-time workers.

From December 6, 201 to July 6, 2013, the Defendant had been in charge of computer repair and telephone counseling at the pertinent workplace, and had been working for the said workplace, and had not paid 980,000 wages of June 5, 2013, wages of KRW 1,10,000, monthly wages of KRW 220,000, monthly wages of KRW 220,000, monthly wages of KRW 220,000, and retirement allowances of KRW 1,145,561 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes to average wages and retirement allowance calculation statement;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Articles 44 and 9 of the Guarantee of Workers' Retirement Benefits Act, and choice of fines;

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;