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(영문) 서울중앙지방법원 2013.06.27 2013고단508

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is the representative of the architect office C in the fourth floor of Gangnam-gu Seoul Metropolitan Government, who employs six full-time workers and operates the architectural design business.

From August 1, 2011 to August 31, 2012, the Defendant did not pay an amount equivalent to 11,073,940 won in total of wages of retired workers D, within 14 days from the date of retirement, without an agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay an amount equivalent to KRW 41,69,400 in total for three retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, E, and F

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1. The provisions of Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the violation of the Labor Standards Act against workers E and F, the violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on a violation of the Guarantee of Workers' Retirement Benefits Act with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the violation of the Guarantee of Workers' Retirement Benefits Act against F with the largest number of concurrent crimes);

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;