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(영문) 서울남부지방법원 2015.11.05 2015고정1625

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,200,00.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the Dental Institute in Yeongdeungpo-gu Seoul Metropolitan Government and the third floor, who runs educational service business using one regular worker.

The Defendant, while working at the pertinent private teaching institute from April 24, 2012 to February 3, 2014, did not pay the total of KRW 22,162,370 to retired workers E within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement among the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to written E;

1. Articles 109 (1) and 36 (Selection of Punishment of Fines)

1. A fine of 1.2 million won sentenced for a fine of 1.2 million won (or a penalty of 2 million won: (1) A confession, <2> A confession, <2> a large-scale red closure of business in the course of operating a private teaching institute; (3) Other consideration of the age, occupation, family relationship, economic form, etc.

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;