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(영문) 서울중앙지방법원 2015.06.11 2014고단3808

근로기준법위반등

Text

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

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

Reasons

Criminal facts

The defendant is the representative of the I Co., Ltd. in the third floor of the Seocho-gu Seoul Metropolitan Government, who has operated an information and communications business using 200 full-time workers, and the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days from the time when the reason for such payment occurred.

Nevertheless, the Defendant is working at the pertinent workplace from October 1, 2012 to January 25, 2014.

The wages of retired workers J shall be 12,483,870 won (the wages of 4,50,000 won for November 2013, the wages of 4,500,000 won for December 2013, the wages of 3,483,870 won for January 2014, and the wages of 3,483,870 won for April 1, 2013 to January 25, 2014), and shall work in the above workplace from April 1, 2013 to January 25, 2014.

Wages of retired workers shall be 5,548,380 won (the wage of 2,00,000 won for November 2013, the wage of 2,00,000,000 won for December 2013, the wage of 1,548,380 won for January 2014), and the wage of 1,548,380 won for the above workplace from October 20 to April 11, 2014.

Wages of retired workers L, 5,729,490 won (wages 4,192,310 won for March, 2014, and wages 1,537,180 for April, 2014) and retirement allowances 10,535,710 won for retirement workers, were not paid within 14 days from the date when the cause for such payment occurred without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of respective Acts and subordinate statutes of J, K and L;

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

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

1. Selection of each alternative fine for punishment;

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant, as the representative director of the Seocho-gu Seoul Metropolitan Government H and the third floor, is an employer who runs an information and communications business using 200 regular workers.