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(영문) 서울중앙지방법원 2014.10.21 2014고단6750
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 15, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for violating the Labor Standards Act at the Seoul Central District Court on May 15, 2014, and on May 23, 2014, the said judgment became final and conclusive, and was engaged in performing art business by using 25 full-time workers, who were the representatives of Co., Ltd in the 12th floor of Seoul Central District Court, and the employer is the employer who retired from office, and the employer shall pay wages, retirement allowances,

Nevertheless, the Defendant is working in the above workplace from March 1, 2009 to March 1, 2014.

Wages of retired workers D were not paid KRW 35,695,313 and retirement allowance of KRW 13,114,350 within 14 days from the date of occurrence of the cause for the payment without a mutual agreement between the parties concerned about the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Written confirmation of payment delay of wages, average wages, retirement allowance calculation statement, salary statement, and detailed statement of arrears;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and report on the binding of copies of judgment, etc.);

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Optional fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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