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(영문) 서울서부지방법원 2016.11.04 2016고정1090
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. in Mapo-gu Seoul Metropolitan Government and is an employer who runs a publishing business using six full-time workers.

1. The Defendant who has not paid D wages shall work in the foregoing workplace from June 24, 2015 to October 16, 2015.

D's wages of 278,630 won on June 6, 2015, wages of 1,200,000 won on July 7, 2015, wages of 1,200,000 won on August 8, 2015, wages of 1,200,000 won on September 9, 2015, wages of 4,497,984 won on October 2015, did not be paid within 14 days from the date of D's retirement.

2. The Defendant who has not paid wages and retirement allowances to E shall work in the above workplace from November 1, 2014 to February 18, 2016.

The retired E’s wages of KRW 1,50,000 on December 2, 2015, the wages of KRW 2,50,000 on January 2, 2016, and KRW 1,551,720 on February 2, 2016, and KRW 5,551,720 on retirement allowances, and KRW 3,204,650 on retirement allowances, were not paid within 14 days from the date of retirement of E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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 (1) 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;

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