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(영문) 서울동부지방법원 2017.10.27 2017고단2150
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, a corporation whose head office is located in Gangdong-gu Seoul Metropolitan Government, who is in charge of business management of the above company.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 19,165,977 of the E’s wages and retirement allowances of workers E, as stated in the attached crime list, as well as KRW 3,982,380, retired from the said workplace from February 13, 2014 to March 27, 2017, without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to labor contracts, wages, and certificates of arrears;

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

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

1. Selection of an alternative fine for punishment;

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

1. Unfavorable circumstances such as the fact that the defendant's records of the same kind of crime are twice for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act, etc., the defendant repents and reflects his fault in depth, the defendant seems to have reached the crime of this case due to business difficulties of the company. Other factors such as the defendant's age, sex, criminal records, criminal records, the means and results of the crime, and the circumstances after the crime, etc., are taken into account, and the punishment shall be determined as ordered by the order.

Rejection of Public Prosecution

1. The Defendant in this part of the facts charged is the representative director of D, a corporation with its head office in Gangdong-gu Seoul Metropolitan Government, who is in charge of business management of the above company

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

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