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(영문) 서울북부지방법원 2015.03.10 2014고정1860
근로기준법위반등
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an actual operator of the Seo-gu Seoul Special Metropolitan City Dispute Resolution E, who runs a waste recycling business by using more than 90 full-time workers.

[2014 high-level 1860] The Defendant worked for G located in Dongdaemun-gu Seoul Metropolitan Government F, from July 26, 201 to March 13, 2014, and did not pay the retirement allowances of KRW 1,00,000 in November 2013, wages of KRW 1,000,000 in December 2013, 201, wages of KRW 1,000,000 in January 2014, wages of KRW 931,690 in February 2014, wages of KRW 387,096 in March 2014, and retirement allowances of KRW 2,632,875 in total, within 14 days from the date of the occurrence of the cause for payment without agreement between the parties concerned.

[204] The Defendant worked in G located in Dongdaemun-gu Seoul Metropolitan Government in the said workplace, from June 27, 201 to December 21, 2012, and again from January 1, 2013 to May 1, 2014, and then retired workers I paid KRW 5,500,000 and retirement pay KRW 2,957,550 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and I;

1. Each petition (H, I);

1. Application of Acts and subordinate statutes to confirmation details of facts, such as each benefit passbook, each average wage and retirement allowance calculation statement, each benefit ledger, and each telephone;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is the actual operator of the Bank of Korea, Seo-gu, Gwangju.

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