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(영문) 서울남부지방법원 2014.08.28 2014고단2032

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of C, a corporation with 406 units in Guro-gu Seoul Metropolitan Government, who employs six full-time workers and engages in software development business.

1. The Defendant in violation of the Labor Standards Act did not pay the wages, etc. of workers within 14 days from the date of retirement without an agreement between the parties on extension of the payment date, as set forth in the [Attachment 2 and 3] list

(2) On October 1, 2010 through July 10, 2013, the Defendant violated the Act on the Guarantee of Workers' Retirement Benefits, while serving in the said workplace from October 1, 2010 to July 10, 2013, did not pay KRW 7,682,459 of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor who applied the E and D’s respective laws and regulations on the remaining money and valuables, other than retirement allowances, was indicted for violating the Labor Standards Act, and for the unpaid retirement allowances, the violation of the Act on the Guarantee of Workers’ Retirement Benefits. Thus, there is no room to apply the provisions on the ordinary concurrent crimes premised on the fact that the unpaid retirement allowances fall under the violation of the Labor Standards Act, and at the same time, the unpaid retirement allowances fall

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