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(영문) 서울중앙지방법원 2016.11.01 2016고정1752

근로기준법위반등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is an employer who runs the Internet educational service business as the representative director of Gangnam-gu Seoul Metropolitan Government “D”, and is working from October 14, 2014 to October 31, 2015 at the above place of business.

Workers E’ wage of KRW 1,733,871 and retirement allowance of KRW 2,713,11 of the retired Workers E have not been paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date, and are working as shown in paragraphs 2 through 8 of the attached List of Crimes

20,753,049 won, except for the portion on No. 1 B of the List of Offenses of KRW 20,753,049 (Dismissal of Public Prosecution) (i.e., 22,975, 271 - 2,222,222), and total retirement pay of KRW 2,713,111, which is the total of seven retired workers, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of F, G, H, I, J, K and E;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment recognizes the crime and reflects the fact that the defendant's crime is recognized, the part of the defendant's payment and the substitute payment by the Korea Labor Welfare Corporation received almost full payment of overdue wages, etc., and the damage remains if the Korea Labor Welfare Corporation fails to recover the amount of substitute payment from the defendant, the damage still remains, and the number of the damaged workers, the amount of damage, etc. in calculating the fine amount

1. The Defendant in the facts charged is the representative director of Gangnam-gu Seoul Metropolitan Government “D”, and Internet educational service business.