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(영문) 서울남부지방법원 2014.10.30 2014고단1837

근로기준법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a user who employs 15 full-time workers as the representative director of the Guro-gu Seoul Metropolitan Government Group 1105 (State), who is a software development business.

When a worker dies or retires as an employer, the Defendant paid all money and valuables, including wages and retirement allowances, within 14 days from the date of occurrence of the cause for such payment, but did not pay wages or retirement allowances within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned, such as attached Table 1, 5, 7, 8, 10, 13, and 15.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each statement;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (a point of which payment of retirement allowances is not made);

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

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 Criminal Act for the detention of a workhouse;

1. To take into account the amount of the money and valuables in arrears with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the period of arrears, the number of victimized workers, etc. into account and the fact that the accused has no record of committing the same kind of crime, and efforts have been made to