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(영문) 서울남부지방법원 2013.03.15 2013고정246
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government B Stock Company and is a user who conducts electronic commerce transactions using 60 full-time workers.

[2013 fixed-term 246] The Defendant worked in the said workplace from October 18, 201 to November 25, 2011, and did not pay the retirement worker wages of KRW 17,997,095, retirement allowance of KRW 20,531,91, and KRW 38,529,006, total amount of KRW 38,529,006, within 14 days from each retirement date without agreement between the parties to the extension of the due date, as stated in the attached Form (1).

[2013 fixed-term 245] The Defendant was working in the above workplace from December 27, 2004 to February 29, 2012 and retired from the workplace, and the Defendant’s “retirement allowance of 22,196,195 won” written indictment of KRW 7,102,845, retirement allowance of 15,350 as stated in the attached Form (2), including the amount of KRW 1,00,000, retirement allowance of 7,593,350 in February 2012.

A total of 22,196,195 won was not paid within 14 days from each retirement date without agreement between the parties to the extension of the payment date.

Summary of Evidence

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

1. Each statement;

1. Application of Acts and subordinate statutes to written confirmation of overdue money and valuables;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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