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(영문) 서울서부지방법원 2017.10.18 2017고단865

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a user who runs an advertising service business using 40 full-time workers as the representative director of Mapo-gu Seoul Metropolitan Government 302 building B (ju) 302.

1. The Defendant in violation of the Labor Standards Act did not pay 26,975,637 won, including 18,428,410 won of wages of retired workers D, who were employed from the above workplace from August 1, 2012 to October 31, 2016, within 14 days from the date of their retirement, without any agreement on the extension of the payment deadline between the parties concerned, as shown in attached crimes table 1, 2.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 10,125,793 of retirement allowances of retired workers D within 14 days from the date of his/her retirement without an agreement on the extension of the payment period between the parties concerned, as he/she worked from August 1, 2012 to October 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of D and E;

1. Application of statutes on the details of unpaid benefits;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts; Article 44 Subparag. 1 and Article 9 of the Act on Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);

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

1. Selection of a fine for selective punishment (in consideration of the fact that the unpaid amount has been about 19 million won until now);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. A violation of the Act on Labor Standards and the Act on Guarantee of Workers' Retirement Benefits during the period of 3 through 6 years the summary of the facts charged;

2. Determination and conclusion

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;

(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. Submission of a written withdrawal of a complaint after filing a prosecution by the victims

(d) Judgment dismissing public prosecution: