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(영문) 서울서부지방법원 2013.10.25 2012고단2639

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[2012 high group 2639] The Defendant is an employer who is engaged in software development business by using 20 full-time workers while substantially operating the 10th floor of the Mapo-gu Seoul Metropolitan Government O building.

1. The Defendant in violation of the Labor Standards Act is working from October 1, 2007 to August 31, 2012 at the above company around September 14, 2012.

The parties did not pay the total of KRW 13,277,00,000 in the wages No. 2 of Q Q crime log table (1) No. 2, within 14 days from the date of retirement without any agreement on the extension of the due date.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is working as above in the above company on a temporary basis.

The retirement allowance of 16,054,100 No. 2 No. 2 of Q Q Q crime list (2) was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. Application of Acts and subordinate statutes to pay wages, retirement allowances, and written confirmation of delay;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

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

1. Part concerning dismissal of public prosecution under Articles 70 and 69 (2) of the Criminal Act;

1. The summary of the facts charged is the user who is engaged in software development business with 20 full-time employees while substantially operating the KO building 10th floor in Mapo-gu Seoul Metropolitan Government.

[2012 Highest 2639] The Defendant worked in the above company as stated in C, D, E, F, G, H, I, and J’s wage and year-end refund as shown in C, D, E, F, G, I, I and J’s Schedule of Crimes (2) Nos. 1, 3 through 8, 14 days from the date of retirement without any agreement between the parties to the extension of the due date.