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(영문) 서울중앙지방법원 2014.11.20 2014고단4219
근로기준법위반등
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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is a user who employs five full-time workers in Dongjak-gu Seoul Metropolitan Government and runs a wholesale and retail business of software with the trade name called (State)C.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days thereafter, and when the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the defendant has worked from May 24, 2012 to March 15, 2013, such as the list of crimes in the attached Form.

Labor shall be 24,743,320 won in total and from December 11, 201 to July 15, 2013 of retired workers D's wages.

30,060,490 won and retirement allowance 3,157,380 won and retirement allowance of retired workers E were not paid within 14 days from the date of each retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written petition or a written self-statement;

1. Details of report on acquisition of employment insurance;

1. Application of Acts and subordinate statutes governing partial certificates of registered matters;

1. Article 109 (1), Article 36 of the Labor Standards Act (the fact that wages and retirement allowances are not paid within 14 days from the date of retirement), Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that retirement allowances are not paid within 14 days from the date of retirement) concerning criminal facts;

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

1. Selection of an alternative fine (the amount of unpaid wages and retirement benefits shall be taken into account);

1. Articles 70 (1) 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.

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