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(영문) 서울동부지방법원 2016.10.11 2016고정355
근로기준법위반
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The Defendant, as the actual manager of D Co., Ltd. in Songpa-gu Seoul Metropolitan Government (the appointment of the representative director on November 17, 2014), is an employer who runs the business of distributing agricultural and fishery products using seven regular workers, and E, as the representative director of D Co., Ltd, from February 4, 2014 to November 17, 2014, operated the above business place together with the Defendant.

1. The Defendant jointly with E did not pay KRW 3,770,00 of the F working at the said workplace from July 16, 2014 to August 1, 2014, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date.

2. The sole criminal defendant, from October 1, 2014 to November 20, 2014, did not pay the total of KRW 13,179,407 of the wages of two workers within 14 days from the date of retirement, as stated in the attached Table, as well as KRW 7,861,460 of G wage working at the aforementioned workplace from October 1, 2014 to November 20, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F, G and H;

1. Each police statement of G and H;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Article 30 of the Criminal Act, Articles 109(1) and 36 of the Labor Standards Act, Articles 109(1) and 36 of the Labor Standards Act, and the choice of fines, respectively.

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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