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(영문) 서울중앙지방법원 2015.12.03 2015고정3843
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the corporation C in the Jongno-gu Seoul Metropolitan Government 20th floor of the Jongno-gu 20th floor of the air transport business by using approximately 35 full-time workers.

The Defendant, as from January 1, 2014, did not pay each amount of KRW 36,263,080, in total, to five retired workers, including KRW 573,805, which was paid on March 1, 2015 by employees D, who were employed in the said workplace and retired from the said workplace, within 14 days from the date of each retirement without agreement between the parties on the extension of the due date for payment between the parties, as stated in the attached list of crimes.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. A written statement in F and G preparation;

1. Each written petition filed with H and D;

1. A written statement of calculation of average wages and retirement allowances for D, G, and E;

1. Application of the details of confirmation of fact, such as telephone, to the Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);

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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