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(영문) 서울중앙지방법원 2014.01.03 2013고정6148
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is an actual operator of C Co., Ltd. in the sixth floor of Gangnam-gu Seoul Metropolitan Government, who runs general construction business by using nine regular workers.

The Defendant is working in the foregoing workplace from February 13, 2013 to March 2, 2013.

A retired worker D shall work for the total of 1,688,896 won in February 2013, and 211,094 won in March 2013, and 1,89,990 won in March 2013, and from July 9, 2012 to April 30, 2013.

The retired workers E did not pay the total amount of 4,829,030 won in arrears of 388,460 won in March 2013 and 2,540,580 won in April 2013 and 2,580 won in April 2013 within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

B. The Defendant is working in the foregoing workplace from August 3, 2010 to February 28, 2013.

6,229,631 won of retirement allowance of retired workers was 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. Application of each of the Acts and subordinate statutes written in D, E, and F;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, the choice of punishment, and the choice of fines, respectively, under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines;

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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