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(영문) 서울중앙지방법원 2014.01.23 2013고정3613
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., who operates software development business with ten full-time workers.

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

The Defendant shall work at the foregoing workplace, ① from January 18, 201 to October 17, 2011.

Wage 2,416,67 won in May 2010, wage 3,416,667 won in June 201 to August 2010, wage 3,416,67 won in September 201, wage 1,894,02 won in October 201, other money and valuables 4,79,540 won (total amount of wage, etc. 22,76,897 won in total) and retirement allowance 5,83,160 won in May 201, and retirement allowance 5,83,160 won in December 18, 2010 to January 13, 2012.

In August 201, 201, wages of 2.5 million won for retired workers E, 3.5 million won for each wage from September 201 to December 201, 856,580 won for other money and valuables (total of 17,356,580 won for wage, etc.) and retirement allowances of 6,810,300 won for retirement, and 14 days from the date of retirement without any agreement on extension of payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to police statements made to D and E;

1. Articles 109(1) and 36 of the Labor Standards Act as to facts constituting an offense, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201);

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

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. Articles 70 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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