logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.11.12 2013고정4714
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs a construction business using ten full-time workers as a representative of C (State) in Jongno-gu Seoul Metropolitan Government 102-402.

When a worker dies or retires, an employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Defendant, at the above workplace,

1. Working as a member from July 15, 2010 to April 3, 2013.

32,578,570 won, including the total amount of wages of 10,902,530 won in retired D and the total amount of wages of 32,578,570 won, such as wages, etc. of 3 (D, E, and F) of three retired workers, as described in the separate list of crimes, shall not be paid respectively within 14 days from the date on which the cause for such payment occurred,

2. A retirement allowance of KRW 5,952,050 as stated in paragraph (1) and a service from January 20, 201 to April 3, 2013.

The retirement allowance of retired E was not paid 4,96,684 won within 14 days from the date of retirement, which is the date on which the cause for the payment occurred, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to police statements made to D, E, and F;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

arrow