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(영문) 서울남부지방법원 2014.08.12 2014고정1501

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the building C in Geumcheon-gu Seoul Metropolitan Government, 2, 1002, who is a user of software development business using six full-time workers.

1. The Defendant did not pay KRW 11,240, and KRW 76,240,00, total amount of D’s year-end refund for work performed from August 1, 201 to April 18, 2013 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date for payment.

2. The Defendant did not pay KRW D retirement allowance of KRW 7,808,098 working from August 1, 2011 to April 18, 2013 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to the withholding receipt for employment income, details of retirement allowance calculation, and wage ledger;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, 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 each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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