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(영문) 서울중앙지방법원 2014.08.21 2014고단3756
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the 12th floor of Seoul Central District Court D’s representative director in Jung-gu Seoul Central District Court, and is the user who actually performs performing art business, etc. as the 15th floor of Jongno-gu Seoul Central District Court, and on May 15, 2014, was sentenced to a suspended sentence of 2 years for imprisonment with labor for violating the Labor Standards Act at the Seoul Central District Court on May 23, 2014.

The Defendant worked in the foregoing stock company D from May 23, 201 to May 11, 2012 and did not pay KRW 3,428,110, total amount of G wages of retired workers on or around May 11, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement with G and the extension of the due date, and did not pay KRW 46,793,105, total sum of three wages and retirement allowances, such as Workers H (No. 1), G (No. 2), and I (No. 4) within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written petition;

1. The police statement of H, G, and I;

1. A written confirmation of payment of wages;

1. A detailed statement of unpaid amount;

1. A detailed statement of unpaid benefits;

1. Detailed statement of benefits;

1. A personal delayed payment statement;

1. Corporate register;

1. A report on investigation;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to written judgments, etc.), and application of a copy of judgment statutes;

1. Article 109 (1), Article 36 of the Labor Standards Act (which does not pay wages and retirement allowances within 14 days from the date of retirement) concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which does not pay retirement allowances within 14 days from the date of retirement);

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

1. Selection of a selective fine for punishment (the amount of wages and retirement allowances paid in delay and the fact that a judgment in the judgment became final and conclusive may have been tried together with the crime);

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

1. The Criminal Act among concurrent crimes.

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