beta
(영문) 서울남부지방법원 2016.04.28 2013고정3687

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of D in Geumcheon-gu Seoul Metropolitan Government, who employs seven full-time workers and operates printing business.

1. The Defendant violated the Labor Standards Act: (a) retired from office while working from office from around November 20, 207 to around April 10, 201; (b) retired from office on April 11, 201; and (c) paid KRW 1,630,00 of the wages of E who worked at the said workplace from around April 10, 201 to around April 10, 201; (c) paid KRW 1,630,000 of wages on March 3, 2012; and (d) paid KRW 2,834,560 of annual leave allowances from around April 1, 209 to around March 31, 201; and (d) paid KRW 30,000 of the annual leave allowances from around November 3, 201 to around February 17, 2012 to around 31, 2019; and (d) paid KRW 30,930,29,29

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) paid KRW 9,859,500 of retirement allowances from November 20, 207 to April 10, 201; and (b) KRW 1,160,860 of retirement allowances from April 11, 201 to April 10, 201 to April 10, 201, within 14 days from the date of retirement without any agreement on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each petition prepared by the F;

1. A copy of an employment contract and an annual salary employment contract;

1. Details of calculation of F wage claims, and application of Acts and subordinate statutes reporting the results of investigation;

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, and Article 44 Subparag. 1 and Article 9 of the Act on the 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 an alternative fine for punishment;

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. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;