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(영문) 서울중앙지방법원 2015.09.10 2015고정1128
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. with an office in Seocho-gu Seoul Metropolitan Government 201, who is a user who conducts software development business using seven full-time workers.

1. The Defendant in violation of the Labor Standards Act is working in D from January 5, 2011 to September 7, 2013.

In addition to the fact that the total amount of KRW 1,00,09,600 in wages of 808,500 in March 2013, and the monthly wage of 201,100 in April is not paid within 14 days from the date of retirement without agreement between the parties to the extension of the payment date between the retired workers E, as shown in the attached list of crimes

The total amount of wages of three retired workers was not paid 9,492,930 won within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is employed in D as the above corporation from January 5, 201 to September 7, 2013.

7,093,020 won of retirement pay E of retired workers is not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as shown in the separate list of crimes.

The total amount of retirement allowances of three retired workers was not paid 17,323,010 won within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of the E, F, and G;

1. Each complaint and each petition;

1. Application of Acts and subordinate statutes to employment contracts and retirement allowance settlement statements;

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 Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The order of provisional payment;

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