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(영문) 서울북부지방법원 2016.11.10 2016고정242
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates (main) D by employing approximately 20 full-time workers in Dongdaemun-gu Seoul Metropolitan Government.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 2,80,000, total amount of KRW 5,900,000 from the date of retirement within 14 days from the date of retirement without agreement between the parties on the extension of the payment date between the parties concerned.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act did not pay the victim E retirement pay of KRW 6,131,860 as above at the date and place specified in paragraph (1) and KRW 4,635,610 as well as KRW 10,767,470 as well as KRW 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. The part concerning the defendant's interrogation protocol E in the prosecutor's protocol

1. Each police statement of E and F;

1. To close a public announcement of business instruction issued by the head of A head of A and a personnel closure closures;

1. No. 15: e-mail, No. 16 of the instructions to prepare a work log: E-mail, No. 17 of the instructions to prepare a work log: e-mail with a leave log designated, e-mail, No. 19: e-mail with a leave log and payment of employee certificates, e-mail No. 20 of the details of the work clothes and employee certificates, e-mail No. 21: Application of the Act and subordinate statutes on Business Policy in May 2014

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 of the Criminal Act of the ordinary concurrent crimes (mutually between a violation of each Labor Standards Act and a violation of 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, Article 38(1)2 and Article 50 of the Criminal Act.

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