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(영문) 서울중앙지방법원 2016.08.24 2016고정184
근로기준법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of Jongno-gu Seoul Metropolitan Government D Co., Ltd. and is a user who operates software development business using seven full-time workers.

From March 28, 2011 to July 11, 2015, the Defendant did not enter into an agreement on the total of KRW 5,301,710 for retired workers E’ wages and KRW 11,204,279 for retirement allowances, and KRW 7,437,103 for retired workers from employment from January 27, 2014 to July 10, 2015; KRW 832,876 for unpaid paid leave allowances; KRW 4,547,63 for retirement allowances; and KRW 4,543 for retirement allowances; from November 19, 2013 to July 24, 2015 on the total of KRW 8,493,180 for retired workers and KRW 486,386,486,386,300 for paid leave allowances; and the Defendant did not enter into an agreement on the total of KRW 8,493,800 for employees and paid leave allowances.

Accordingly, the defendant did not pay wages and retirement allowances within 14 days from the date of worker's retirement.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to the F Statements;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant criminal facts, as well as Articles 44(1) and 9 of the Act on the Guarantee of Retirement Benefits for respective Workers (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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