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(영문) 서울중앙지방법원 2017.07.12 2017고정1292

근로기준법위반등

Text

Defendant shall be punished by a fine of 2.5 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 employs four full-time workers as an actual manager of the C Co., Ltd. in Gangnam-gu Seoul Metropolitan Government B building, and operates a large discount marina.

An employer shall pay wages, compensations, and other money and other valuables and retirement allowances within 14 days from the time when the ground for such payment occurred, but the Defendant did not pay wages of 22,983,333, 1435,406, annual allowances of 2015, annual allowances of 1,5306, annual allowances of 2015, annual allowances of 2016, annual allowances of 275,245,245, and annual allowances of 1,538,284, and annual allowances of 2084 within 27 days from the date of each agreement, including 50,000,00,000, which were paid to 2035,245, and 1,245, and 284,07, respectively, within 27 days from the date of each agreement, as stated in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (including sub-examination);

1. A complaint, a detailed statement of salary, records of a holiday work, closure records, etc., the ledger of wages, disbursement and resolution of withdrawal, and labor contract;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement benefits);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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