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(영문) 서울중앙지방법원 2015.05.26 2015고정1457
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The defendant is an employer who runs financial credit business, etc. as the representative director of corporation C and D in Gangnam-gu Seoul Metropolitan Government.

1. The Defendant’s payment of wages and retirement allowances by workers E from May 13, 2013 worked in the said stock company C from around June 30, 2014, but did not pay KRW 8,242,492,490 and retirement allowances of retired workers E, 3,831,881 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of E and payment.

2. The Defendant had worked in D from July 10, 2012 to pay wages and retirement allowances to employees F, and had not paid KRW 6,161,255 in total and KRW 4,947,895 in total and KRW 6,161,255 in retired workers F, around June 30, 2014, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on F and the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each authenticity statement to E and F;

1. Application of respective Acts and subordinate statutes of E and F;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

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

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