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(영문) 서울북부지방법원 2015.11.18 2015고단1165

근로기준법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who has operated a clothing wholesale and retail business (ju)C by employing approximately 70 full-time workers in Seoul Jung-gu.

The Defendant did not pay the total amount of KRW 4,765,00,00 from January 1, 2014 to February 21, 2014, to February 21, 2014, to the victim D, who was an employee retired while working at the above company from December 1, 2013 to February 21, 2014, within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant statutory provisions concerning criminal facts and Articles 109(1) and 36 of the Labor Standards Act, the choice of fines (i.e., confession, reflectivity, and the fact that a substantial repayment is deemed to have been made even to victims D who have not submitted a written agreement).

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

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

1. The gist of this part of the facts charged is that the Defendant is a person who has operated the Do and Retail Co., Ltd. (State) of clothing by employing approximately 70 full-time workers in the Seoul Central Headquarters B.

The Defendant violated the Labor Standards Act, from September 30, 2009 to February 21, 2014, did not pay the total of 28,25,684 won to 14 days from the date of retirement, as stated in the attached crime list 1 to 8,10, as well as the total of 5,967,90 won from December 21, 2013 to February 21, 2014 of the victim F, who was employed by the said company and retired from office, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

B. The Defendant violated the Guarantee of Workers' Retirement Benefits Act refers to an agreement between the parties on the extension of the payment date between the parties, as stated in the attached list of crimes, including KRW 11,176,940 as well as the total amount of KRW 40,583,450 as retirement allowances for the total six workers, who were employed and retired in the same manner at the time and place as described in paragraph (1).