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서울남부지방법원 2018.06.26 2018고정7
근로기준법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

On December 2, 2015, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Act on the Guarantee of Workers' Retirement Benefits in the Busan District Court's Dong Branch, and the judgment became final and conclusive on December 10, 2015.

The defendant is the representative director, who is the Seocho-gu Seoul Metropolitan Government building C and the Dispute Resolution D in 1202, and is a user who ordinarily employs not less than 10 workers and operates general food and coffee chain business.

Defendant 1 worked at F stores located in Yangcheon-gu Seoul Metropolitan Government E from March 9, 2014 to November 9, 2014, and did not pay KRW 424,630 of his/her retired G wages in November 2014 within 14 days from the date of his/her retirement, which is the date on which the cause for payment occurred, on which there was no agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. A protocol concerning the examination of the police officers against the accused (two times);

1. Statement with respect to G;

1. Detailed statement of benefits;

1. Previous convictions: Application of written inquiries about criminal history and Acts and subordinate statutes;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act, including the fact that the defendant, for the reason of sentencing of the provisional payment order, has a record of being punished for the same kind of crime, shall be determined as ordered in consideration of the various circumstances shown in the records and trial process of this case.