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(영문) 서울남부지방법원 2013.11.28 2013고단1096

근로기준법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the representative director of Gangseo-gu Seoul Metropolitan Government (State), is an employer who ordinarily employs 33 full-time workers and runs a siren business, and the Defendant did not pay each overdue wages listed in the above sight table for each worker listed in the table Nos. 16, 22, and 23 of the attached crimes table Nos. 16, 22, and 23 within 14 days from the date of retirement without an agreement

Summary of Evidence

1. Defendant's legal statement;

1. D and 28 copies of petition;

1. Application of Acts and subordinate statutes to the police statement made to D (Appellants' representative);

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

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

1. The summary of the facts charged in this part of the dismissal part of Article 70 and Article 69(2) of the Criminal Code of the Labor House Detention Act is that "the defendant, as the representative director of the Co., Ltd, did not pay each overdue wages or retirement allowances specified in the list of days of retirement within 14 days from the date of retirement without agreement on extension of the payment date for each worker as stated in the list of days of crime Nos. 1 through 15, 17 through 21, 24 and 33 of the attached list as the

According to the evidence duly admitted and investigated by the court, each of the above workers is recognized to have withdrawn his wish to punish the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.