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(영문) 서울중앙지방법원 2018.02.22 2017고단613

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of corporation E in Gangnam-gu Seoul and 8, who ordinarily employs 30 workers and operates franchise business.

① From June 1, 2013 to March 4, 2014, the Defendant did not pay KRW 4,355,470, including wages, and KRW 4,355,470, and ② from May 1, 2011 to August 6, 2013; KRW 458,709; KRW 1,389; KRW 1,847,858; ③ from September 3, 2012 to May 6, 2014; and KRW 458,70; KRW 1,389; KRW 1,87; KRW 1,847; KRW 858; and KRW 5,94; KRW 294; KRW 294; KRW 89; KRW 89,89; KRW 84; and KRW 8536,89; and each of the parties’ respective agreements on the extension of the period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, F, and H;

1. Details of arrears, employment insurance history, details of passbooks for benefits, average wages and retirement allowances, work contract, income tax source collection receipt and disbursement resolution for each individual;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

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