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(영문) 서울중앙지방법원 2014.06.12 2014고정227
근로기준법위반등
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[Personal Relationship of Defendant B] From February 16, 2010 to February 7, 2012, Defendant B is the employer who was actually operating the same company with the second floor of the Seoul Gangnam-gu F building from February 8, 2012, where 30 full-time workers were employed as the representative director of the company E in the fifth floor of the Seoul Gangnam-gu D building, and Defendant A actually operated the said company from February 8, 2012.

【Criminal Facts】

1. Defendant B is an employee of the said stock company E from January 3, 2012 to February 29, 2012.

Wages of retired workers G was not paid KRW 935,483 within 14 days from the date on which the grounds for such payment occurred, without any agreement between the parties to the extension.

In addition, the Defendant did not pay the total amount of KRW 4,935,483 for four persons as indicated in the attached list of crimes (A) within 14 days from the date on which the grounds for payment occurred, without the agreement between the parties on extension.

2. Defendant A is an employee of the said stock company E from January 3, 2012 to February 29, 2012.

Wages of one million won for retired workers G were not paid within 14 days from the date on which the grounds for the payment occurred without an agreement on the extension between the parties.

In addition, the Defendant did not pay the total of 15,087,380 won of wages and retirement allowances for five persons as shown in the attached list of crimes (B) within 14 days from the date on which the grounds for payment occurred, without agreement between the parties on extension.

Summary of Evidence

1. Defendant B’s legal statement

1. Each police statement on H, I, G, J, K, L, M, N,O, and P;

1. Each petition of I, M, H, G, and J;

1. Each written statement of M, I, H, and J;

1. Application of Acts and subordinate statutes to each benefit passbook copy (in the form of 53 pages, 195 pages), sales agency contract, H and M respectively;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 109(1) and 36 (the point of payment of wages) of the Labor Standards Act.

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