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(영문) 서울중앙지방법원 2016.09.01 2016재고단31 (1)
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the third representative director of the corporation in the second floor of Seocho-gu Seoul Metropolitan Government, who employs 15 full-time workers and operates the wholesale and retail distribution business.

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

Nevertheless, the defendant is working from September 1, 2005 to May 25, 2010 at the above workplace.

Wages and retirement allowances for five retired workers, such as D, G, F, E, and I, including 4,612,30 won and retirement allowances of 9,731,411 won, in the attached list of crimes, were not paid within 14,089,527 from the date of retirement without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of E, D, F, G, and I

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant shall work from February 26, 2006 to April 30, 2010 at the above workplace.

Wages and retirement allowances for four retired workers, such as H, L, K, and J, including 5,350,000 won and retirement allowances of 10,352,314 won, and 73,405,784 won in the attached list of crimes, were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. The facts charged in this part of the indictment are those which cannot be prosecuted against the will expressed by the victim under Article 109(2) of the Labor Standards Act.

However, since the above workers who are victims have withdrawn their intent to punish the defendant after filing the prosecution of this case, Article 327 subparagraph 6 of the Criminal Procedure Act.

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