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(영문) 서울중앙지방법원 2013.11.15 2013고정3078

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the representative director of corporation C in the 12th floor in Gangnam-gu Seoul, was a full-time employer who employs 7 full-time workers and operates a mobile rush content development business.

From January 5, 201 to November 9, 2012, the Defendant served in the said workplace and retired workers D on October 2, 2012, wages of 2,372,392, and from October 31, 2011 to November 1, 2012, and did not pay wages of 2,754,421, and wages of 2,754,421, and wages of 2,712,421, and wages of 2,712,421, and wages of 2,75,230, total wages of 6,142,072, and total wages of 8,514,464, including two workers, including those who were retired from the said workplace, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

B. The Defendant, while working from October 31, 201 to November 1, 2012, did not pay KRW 3,340,987 to retired workers E within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the Acts and subordinate statutes written in D or E;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Mutually between a violation of the Labor Standards Act with respect to E and a violation of the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

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