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(영문) 서울남부지방법원 2015.04.29 2014고정3074

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a user who operates a game service business together with D as the C representative director in Geumcheon-gu Seoul Metropolitan Government.

In collusion with D, the Defendant did not pay the E’s wages of KRW 13,439,489, retirement allowances of KRW 4,823,610, and F’s wages of KRW 5,618,456, and retirement allowances of KRW 2,359,630, which were retired on the same day, within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Application of Acts and subordinate statutes of each written statement (F, E), each written statement (F, E);

1. Articles 109 and 36 of the Labor Standards Act, Article 30 of the Criminal Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades violating the respective Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

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;

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