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(영문) 서울중앙지방법원 2013.11.19 2012고단6481
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of KK in Gangnam-gu Seoul, who is engaged in the medical care service by using 60 full-time workers.

From March 9, 2011 to June 30, 2011, the Defendant did not pay 2,845,200 won for retired workers L, as well as 41,940 won for year-end year-end settlement refund, 8,57,540 won, total of 8,57,540 won, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Lritten statements;

1. Application of Acts and subordinate statutes of an annual salary system employment contract;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. Summary of the facts charged

A. The Defendant in arrears with money and valuables for M workers is the actual representative of M Co., Ltd. in Gangnam-gu Seoul, Gangnam-gu, who is engaged in the service business by using seven full-time workers.

The Defendant had worked in the company from April 28, 201 to May 31, 2011, and had not paid the total of KRW 4,124,000 to retired workers C within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

B. The Defendant in arrears with money and valuables to K Workers is the representative director of KK in Gangnam-gu Seoul, Gangnam-gu, who is engaged in the care service business using 60 full-time workers.

The Defendant, while working in the foregoing company from July 11, 2008 to February 20, 2012, worked in the aggregate of 14,669,44 won in E’s wages and retirement allowances, and ② from July 20, 2008 to November 30, 201, in the aggregate of 3,082,020 won in the wages and retirement allowances of the retiredF, and worked in the same company from August 18, 2008 to November 30, 201, (3), 2,969,862 won in total, and (4) from September 3, 201 to February 20, 2012, H’s wages and retirement allowances.

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