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(영문) 서울중앙지방법원 2014.09.16 2014고단3490

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is the representative director of the “stock company H” located in the third floor of the Gangnam-gu Seoul Metropolitan Government G Building, who employs 15 full-time workers and operates online advertising business.

Defendant shall work from July 9, 2012 to December 31, 2013.

A retired worker E’s wages and retirement allowances of KRW 2,5,00,000 and retirement allowances of KRW 3,624,930 for December 2013, including the fact that he/she has not paid KRW 25,340,480 for 11 employees within 14 days from the date of his/her retirement without any agreement on the extension of the due date between the parties. Around that time, he/she did not pay KRW 25,340,480 for the total amount of wages and retirement allowances for 11 employees within 14 days from the date of his/her retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the I, J, K, and L;

1. Each statement of M, N,O, P, Q, R and S;

1. Application of L/L genuine Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Optional fine;

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. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is the representative director of the “stock company H” in the third floor of the Gangnam-gu Seoul Metropolitan Government G Building, who employs 15 full-time workers and operates online advertising business.

Defendant shall work from April 9, 2012 to December 31, 2013.

A retired employee E’s wage of KRW 2,416,60 for December 2013 and retirement allowance of KRW 4,093,50 for 14 days from the date of retirement without any agreement between the parties on the extension of the due date, including that of KRW 2,3,13,50 for 4 workers, including that of KRW 14,593,360 for the total amount of wages and retirement allowances for 4 workers, at around that time, are extended between the parties.