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(영문) 서울남부지방법원 2018.03.06 2017고단516

근로기준법위반등

Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of Geumcheon-gu Seoul Metropolitan Government 1 Dong 314-1 (ju), who is a user who runs software development business, etc. using five full-time workers.

Defendant 1 from January 1, 2016 to the same year at the above workplace

3. D’s retirement that was employed until February 24, 2016, paid KRW 25,153,851 in total for two retired workers, as indicated in the schedule of the crime in the attached Table, as well as KRW 2,273,259, as well as KRW 25,153,851, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrears of D wages, a written statement, and E’s authenticity, and a written statement;

1. Application of Acts and subordinate statutes on the financial transaction, detailed statement of wages and the statement of accounts of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act related to facts constituting an offense, as prescribed by the relevant Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Between a violation of the labor standards due to the failure to pay wages for the work from January 1, 2013 to May 31, 2015, and a violation of the Guarantee of Workers' Retirement Benefits due to the failure to pay wages for the work, and a violation of the retirement benefits for the workers);

1. Selection of a fine of choice of punishment [Consideration of the amount of damage, the fact that part of damage has been recovered by the payment of substitute payment, the defendant's punishment records (no previous convictions shall be included in the punishment amount, twice the same kind of punishment) and the fact that wages and retirement allowances have not been paid due to business progress];

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;