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(영문) 서울남부지방법원 2016.02.03 2015고정1405
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant of Yeongdeungpo-gu Seoul Metropolitan Government 2015 High 1799 is the former service of the 501 New Buildings (State) E located in Yeongdeungpo-gu Seoul Metropolitan Government.

Notwithstanding the fact that the membership transfer contract entered into between E and F was reversed on September 22, 2014 and September 23, 2014, the Defendant, despite of the absence of the reversal of the membership transfer contract entered into between E and F, (State) E, the Defendant was reversed due to various illegal acts on the part of F.

by transmitting “a false fact” and spreading false facts to interfere with the victim (State)’s business of managing member fees.

The defendant of "2015 High 1405 High Governing 1405" is the representative of the Yeongdeungpo-gu Seoul Metropolitan Government Da New Ro-gu, the five regular workers, who run the commercial operation by making use of 15 full-time workers, and the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the grounds for the payment occur if the worker dies or retires.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

The Defendant did not pay KRW 2,478,00 of the annual paid leave allowances from May 6, 2009 to June 30, 2014 to G retired from this workplace without agreement between the parties on the extension of payment deadline, within 14 days from the date of retirement in which the cause for payment occurred.

Summary of Evidence

"2015 High 1799"

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. 2015 Madden 1405 Madernbook, a photo of the screen of the sent message, and a photograph of the message screen;

1. Statement by the defendant in court;

1. Application of the documents and written statements of G to Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 314(1), 313 (Interference with Business) of the Criminal Act, Articles 109(1) and 36 of the Labor Standards Act, and the selection of fines for a crime;

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. Attraction of a workhouse;

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