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(영문) 서울중앙지방법원 2015.08.13 2015고단1163

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who employs ten full-time workers as the representative of D Co., Ltd. 401 in Yeongdeungpo-gu Seoul Metropolitan Government, and operates a construction business by employing ten full-time workers as the representative of the F Co., Ltd. in Gangnam-gu Seoul Metropolitan E Co., Ltd.

1. Violation of the Labor Standards Act;

A. The Defendant is working at D workplace from February 6, 2012 to February 6, 2014.

41,015,280 won in total of wages and bonuses of retired workers G was not paid within 14 days from the date when the grounds for payment occurred without any agreement on the extension of the payment date between the parties concerned.

B. The Defendant is working in F place of business from February 7, 2014 to June 23, 2014.

Wages of retired workers G was not paid KRW 8,143,680 within 14 days from the date when the grounds for payment occurred without agreement between the parties on the extension of the due date.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is working in D workplace from February 6, 2012 to February 6, 2014.

7,902,970 won of G retirement allowances of retired workers was not paid within 14 days from the date when the grounds for the payment occurred without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each G statement;

1. Application of Acts and subordinate statutes on arrears;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;