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(영문) 서울중앙지방법원 2014.05.02 2014고정3

근로기준법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the corporation C in Seocho-gu Seoul Metropolitan Government, who employs five full-time workers and operates a construction design business, etc.

From January 3, 2005 to February 29, 2012, the Defendant did not pay an amount equivalent to KRW 7,165,406, in total, KRW 2,361,822 of wages, retirement allowances, KRW 4,803,584 of retirement allowances, and KRW 7,165,406 of retirement allowances, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of a detailed statement of benefits and retirement allowances, and written confirmation of overdue money and valuables;

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

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

1. Selection of an alternative fine for punishment;

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;