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(영문) 서울중앙지방법원 2011.02.24 2010고정6084

근로기준법위반

Text

The sentence against the accused shall be determined by a fine of KRW 1,500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the representative of the (main)BA in the first floor of the Gangnam-gu Seoul Metropolitan Government AZ building who is an employer who engages in real estate sales by using 50 full-time workers.

When a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables to the worker concerned for fourteen days after the cause for such death or retirement, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant worked in the above workplace from September 18, 200 to November 2, 2009 with a business position, and did not pay the total of 14,892,800 won to 12 workers within 14 days from each retirement day without agreement between the parties on the extension of the due date for payment, as stated in each of the following items: 6,10, 11, 14, 17 through 19, 25, 33, 37 through 39, including the total of 6,65,90 won for wage of October 2, 2009 and the total of 66,600 won for wage of November 2, 2009.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement concerning B;

1. Each statement of BC, BD, BE, BF, BG, BH, BJ, BJ,K, BL, and BM;

1. B B's complaint;

1. Application of each of the laws and regulations governing the respective petitions of BC, BD, BE, BF, BG, BH, BJ, BK, BL, and BM

1. Article 109 (1) and 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the Labor Standards Act.

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative of the (ju)BA in the 1st floor of the Gangnam-gu Seoul Metropolitan Building, is an employer who is engaged in real estate trading business by using 50 full-time workers. From August 12, 2009 to August 31, 2009, the Defendant was working for the said workplace as the business worker at the above workplace and was employed for the amount of 69,300 won of the wages of August 12, 2009 to 5, 7 through 9, 12, 13, 15, 16, 20 to 24.