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(영문) 서울중앙지방법원 2017.01.17 2016고단230
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant, as the representative of the corporation C in Gwanak-gu in Seoul Special Metropolitan City, is the user who has run the game software development business by using six full-time workers, and the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days from the time when the reason for payment occurred.

Nevertheless, the Defendant did not pay KRW 7,33,32 of wages and retirement allowances of KRW 3,139,813 of workers D, who were employed in the said workplace from around December 1, 2012 to August 31, 2014, without an extension agreement between the parties on the payment date, and did not pay KRW 26,99,94 in total, and KRW 9,478,403 in total, including KRW 26,99,94 in the attached Form, and three retirement allowances of KRW 3,00,000 in total, as stated in the attached Form, within 14 days from the date the grounds for payment occurred without an extension agreement between the parties on the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of D, E, F, G, H, and I;

1. Application of Acts and subordinate statutes to the details of confirmation, such as a report on the acquisition of evidentiary data (including attached data), average wages and retirement allowances, and a report on the collection of data from each internal investigation, and each telephone;

1. Article 109 of the relevant Act and Articles 109 (1), 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Guarantee of Retirement Benefits for Workers (which shall not be paid due to retirement);

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

1. Selection of an alternative fine for punishment;

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 sentencing of Article 334(1) of the Criminal Procedure Act does not specify the amount of unpaid wages and retirement allowances paid by the defendant, and the damaged worker is six persons, and the defendant committed another crime of this case even though he had been punished for the same kind of crime in the past, considering the circumstances unfavorable to the defendant.

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