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(영문) 서울북부지방법원 2014.07.24 2013고정936
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of Drown-gu Seoul Central Government, the 11th floor of the C Building, who is a user who operates soup by making soup using seven regular workers.

1. The Defendant, while working in the foregoing workplace from January 17, 201 to May 11, 2012, did not pay the total of 11,276,666 won (1,70,000 won for six months to April 201, 201; 1,700,076,666 won for six months from January 17, 201 to May 201, 201) and retirement pay 2,240,273 won for retired workers E, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

2. The Defendant, while working in the foregoing workplace from January 17, 201 to July 18, 2012, did not pay the total of KRW 5,69,92 ( KRW 900,000 for April 1, 2012, KRW 2,000 for May 2, 2012, KRW 200,000 for retirement pay, and KRW 2,695,862 for retirement pay within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each statement of witness E and F in the fourth trial record;

1. A written calculation of average wages and retirement allowances;

1. Application of the Acts and subordinate statutes to copies of passbooks, details of arrears and written confirmation of benefit receipt;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts; Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (Amended by Act No. 10967, Jul. 25, 201); and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (F's payment of retirement benefits);

1. Articles 40 and 50 of the Criminal Act for each ordinary competition (trades that violate the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits, trades that violate the Labor Standards Act with respect to F and that violate the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each 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 order of provisional payment;

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