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(영문) 서울중앙지방법원 2017.02.09 2016고단4156
근로기준법위반등
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Majority-related relationship] On May 19, 2016, the Defendant was sentenced to a suspended sentence of four months of imprisonment by violating the Labor Standards Act at the Seoul Central District Court on April 19, 201, and the said judgment became final and conclusive on October 22, 2016.

[2016 Highest 4156] The Defendant is a user who employs five full-time workers while operating (ju) H on the five floor of Gangnam-gu Seoul Metropolitan G G building.

1. A defendant who has served in the company around May 25, 2014 with respect to a worker who is in office;

I’s payment of KRW 1,736,076 of the wage balance in May 2014, as well as the payment of KRW 39,953,243 of the I’s wages on September 25, 2015, from that to September 25, 2015, such as the sequence 5 in the list of crimes attached hereto.

2. The Defendant who has not paid wages to retired workers at the said workplace was working from May 26, 2015 to January 16, 2016 at the said workplace and did not pay the total amount of KRW 9,025,740 of the J’s wages within 14 days from the date of his/her retirement without any agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

[2016 Highest 4156: Facts No. 1 and 2 of the Decision]

1. Statement by the defendant in court;

1. Each written statement of I and J (before judgment);

1. Application of criminal history inquiry, investigation report (verification of suspect A’s progress of trial), judgment text, and search-related statutes;

1. Relevant Article 109 (1), Article 36 of the Act on Standards for Selective Labor for Criminal Facts, and Articles 109 (1), 109 (1), and 43 of the Labor Standards Act (the fact that wages are not paid by a retired worker and the choice of a fine) concerning the payment of wages by a retired worker;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not include the amount of wages in arrears or the amount of unpaid wages, and in the past, the same crime is committed.

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