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(영문) 서울중앙지방법원 2013.04.12 2012고정5707

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the third representative director of Gangnam-gu Seoul Metropolitan Government, who operates film-related and other production business using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the said workplace from September 2, 2010 to September 30, 201, did not pay 4,523,168 won in total for retired workers D, as well as 9,667,06 won in total for three retired workers, as shown in the separate crime list, 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. Statement of the accused in the first protocol of trial;

1. A written statement of E and F (including each accompanying material);

1. Application of Acts and subordinate statutes to report internal investigation (including investigation records, pages 38 through 44, accompanying materials);

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 2011; and enforced July 26, 2012);

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

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.