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(영문) 서울중앙지방법원 2014.11.28 2014고정4170
근로기준법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a user who runs restaurant franchise business using five regular workers as the representative director of the Co., Ltd. in the 6th floor in Gangnam-gu Seoul Metropolitan Government.

The Defendant is working in the foregoing workplace from April 20, 201 to March 31, 2012.

D's wages of 1,50,000 won in July 201, 2, 2,750,000 won in August through December, 201, and 24,250,000 won in total as well as 3,00,000 won in January through March 2012, and 3,000 won in retirement allowances and 3,064,579 won in total, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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