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(영문) 서울동부지방법원 2014.06.18 2014고정253

근로기준법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the actual representative of C Co., Ltd. located in the second floor of Songpa-gu Seoul Metropolitan Government B building, who runs a medical device wholesale and retail business using two regular workers.

1. The Defendant is working from April 1, 2012 to April 30, 2013.

With respect to retired D's wages of KRW 52,00,000, as stated in the details of the reported case by each place of business, each of the retirement workers did not pay KRW 74,600,000,000 for the total amount of wages for two retired workers within 14 days from the date of the occurrence of the cause without agreement between the parties on the extension of the due date

2. The Defendant is working from April 1, 2012 to April 30, 2013.

2,803,935 won of retirement allowance of retired D was not paid within 14 days from the date of the occurrence of the cause of the payment, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes on annual salary employment contracts;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid amount);

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

1. Selection of each 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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

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