logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.06.10 2014고단2095
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs a construction business as a representative director of the company D in Gangnam-gu Seoul Metropolitan Government C building.

1. The Defendant, from May 1, 2006, worked in the above company from around June 30, 2013, did not pay the total amount of KRW 24,642,70 and retirement allowances of KRW 9,415,980 as stated in the attached Form, such as wages, etc., of KRW 1,120,530, Nov. 1, 2012, E of retired workers E, within 14 days from the date of the occurrence of the cause for payment, without any agreement on extension of the payment.

2. The Defendant, from February 7, 201, worked in the above company from around February 30, 201 to around April 30, 201, did not pay KRW 11,886,00 in total, including wages of KRW 1,932,50 on January 30, 2013, and KRW 5,127,360 in retirement allowances, and KRW 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the F and the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. Application of Acts and subordinate statutes to the details of arrears and the details of benefits payable, the calculation statement of retirement benefits, and unpaid benefits;

1. Article 109 (1), Article 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 (a point where payment of retirement allowances is not made);

1. Articles 40 and 50 of each Criminal Act for the ordinary concurrent crimes (trades violating the Labor Standards Act for the same worker, violation of the Guarantee of Workers' Retirement Benefits Act, and punishment provided for a violation of the Labor Standards Act with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act with heavy penalty E);

1. The reasons for sentencing of Articles 70 and 69(2) of the Criminal Act to the extent that the amount of the money and valuables in arrears in the instant case exceeds KRW 51 million, while the Defendant had a record of suspending the execution of the sentence, the Defendant was a crime of 20 years prior to the 20-year period, and thereafter is about 10 years thereafter.

arrow