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(영문) 서울중앙지방법원 2014.09.25 2013고단8177

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Status Relation] The Defendant is an employer who employs six full-time workers in Jongno-gu Seoul Metropolitan Government and operates the restaurant “D”.

【Criminal Facts】

The defendant is an employee of the above D from October 1, 2006 to April 30, 2012.

Retired workers E’ wages of KRW 30,600,00 and retirement allowances of KRW 9,939,967, and their work from November 19, 2012 to December 6, 2012.

Wages of retired workers F, 380,000 won, and the same year from September 1, 2012

9. Working until August 9.

Wages of retired G was not paid KRW 41,09,967 in total as wages and retirement allowances, including KRW 180,000,000, within 14 days from the date on which the grounds for such payment occurred, without an agreement between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of the respective Acts and subordinate statutes of F, G, and E;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Optional fine;

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