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(영문) 서울남부지방법원 2017.11.03 2017고단3992
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the user who has been engaged in software development and advisory business by using eight full-time workers as a representative of the 707 H building in Geumcheon-gu Seoul Metropolitan Government.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

The Defendant worked as an employee on October 10, 201, while serving as an employee at the above business entity on October 12, 201, and did not pay KRW 21,046,612, as well as KRW 25,283,804, the total amount of wages for three workers (J,K, and L) as shown in the attached crime list Nos. 3, 5, and 6, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

On June 1, 2009, the Defendant, while serving as an employee for the above company, did not pay 5,958,935 won of retirement allowances for L retirement on November 30, 2012, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of the Acts and subordinate statutes of K and L;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid at once of retirement);

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

1. Selection of a selective fine (the defendant is the first offender, the defendant fails to pay wages, etc. as a failure to conduct his/her business, and the amount in arrears, etc.);

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. Workers B. of the summary of the facts charged

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