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(영문) 서울중앙지방법원 2013.11.22 2013고정1521

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is a manager of the D main office located in the first floor of Seocho-gu Seoul Metropolitan Government, Seocho-gu, who employs ten full-time workers and operates a restaurant.

The Defendant did not pay KRW 9,343,845 on May 1, 2012, as well as KRW 17,760,539, total amount of six retired workers’ wages and retirement allowances, as in the case of unpaid individual payment, within 14 days from each retirement day, which is the date on which the cause for such payment occurred, to the retirement worker E, who had worked from April 1, 2010 to May 25, 2010.

Summary of Evidence

1. Each legal statement of witness E, F, G, H, and I;

1. Partial statement of the police interrogation protocol of the accused (a statement that the accused managed the D key points and that he would pay the overdue wages);

1. Each statement of each petitioner prepared by J or K;

1. Statement prepared by H;

1. Application of Acts and subordinate statutes to the message (see, e.g., legal statement, etc., of E) that the Defendant sent to E;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades violating the Labor Standards Act with respect to E, violating the Act on Guarantee of Workers' Retirement Benefits, violation of the Labor Standards Act with respect to F and violation of the Guarantee of Workers' Retirement Benefits Act);

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant is not the operator of the instant D main points, and there is no obligation to pay wages, etc. to E, etc., and even if he is an operator, he shall be a monthly retirement allowance to E.