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(영문) 서울북부지방법원 2018.07.13 2018고정592
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of Dongdaemun-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., who employs 25 full-time workers and engages in online private teaching institute business.

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

Nevertheless, the defendant at the above workplace (i) 5,318,80 won of D's wages (i.e., 1,718,800 won for November 1, 2010) 1,80 won for December 1, 2010, 1,800 won for retirement allowances 1,80,340,896 won for 10,340,340,896 won for 20.30,000,000 won for 20,000,000 won for 20,000,000 won for 20,000,000,000 won for 20,000,000 won for 30,00,000,000 won for 20,000,000 won for 20,010,000 won for 20,81,010,000 won for 20.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to E, D, and F;

1. Two copies of the details of receipt of wages, such as inquire of the details of receipt of wages, and the application of Acts and subordinate statutes on the wage ledger;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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