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(영문) 서울서부지방법원 2013.03.27 2012고단2304

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as C representative director of Mapo-gu Seoul Metropolitan Government 1403, needs to resume by using 50 full-time workers.

It is an employer who is engaged in both service businesses.

around December 15, 2011, the Defendant served from October 6, 2010 to October 30, 201 at the above company.

A retired worker D's total amount of KRW 1,120,000 in October 201 and November did not be paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

From that time, the defendant served in the above company as shown in the attached list of crimes.

46,675,296 won in total for 17 workers retired from office was not paid within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, H, and I;

1. Written statements of J, K and L;

1. M/N self-written statements;

1. A complaint filed byO, P, Q, R, and S;

1. A written complaint;

1. Application of Acts and subordinate statutes governing tax withholding receipts for employment income, each employment contract, a detailed statement of salary, benefit passbook, duplicate copy, average wage and retirement allowance calculation;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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;