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(영문) 서울중앙지방법원 2013.07.05 2013고정2170
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant, as the representative director of C Co., Ltd. in the fifth floor of Seocho-gu Seoul Metropolitan Government, was engaged in landscaping business using eight regular workers.

From May 26, 2008 to January 3, 2013, the Defendant, as well as KRW 8,251,612, total amount of wages of retired workers D, as described in the attached crime list, and KRW 20,919,353, and KRW 11,734,839, and KRW 12,862,417, which were retired from office while working in the above company from January 5, 2009 to December 26, 2012, did not pay KRW 14 days from the date of the retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the Acts and subordinate statutes written in D or E;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 (trades violating the Labor Standards Act with respect to D and violating the Guarantee of Workers' Retirement Benefits Act, and trades violating the Labor Standards Act with respect to E and violating the Guarantee of Workers' Retirement Benefits Act);

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 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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