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(영문) 서울중앙지방법원 2014.09.17 2014고단4359
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of corporation C with six floors in Gangnam-gu Seoul Metropolitan Government, who has been engaged in broadcast program production by eight regular workers.

When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working in the above workplace from November 6, 2012 to January 31, 2014.

It did not pay the total of KRW 5,503,120 as well as KRW 2,584,523 as well as the total of KRW 23,800,230 as well as the total of KRW 8,130,300 as shown in the attached list of crimes, including those of KRW 5,503,120 as wages, etc. of retired workers D, within 14 days after the cause for the payment occurred without any extension agreement between the parties concerned on the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of E, F, and D;

1. Application of Acts and subordinate statutes with respect to payment of wages;

1. Article 109 (1) or 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1 or 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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