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(영문) 서울북부지방법원 2016.02.18 2015고정1258
근로기준법위반등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant of "2015 High 1258" is an employer who operates the general construction business chain dispute resolution committee by using two full-time workers from Seoul Central-gu B and the second floor.

1. The Defendant did not pay KRW 5,00,000,000, total of D’s wages of June 2, 2014, working from February 2, 2010 to July 30, 2014 at the said workplace, and KRW 2,500,000,000,000, which was paid for July 2, 2014, without any agreement between the parties on the extension of the payment deadline, within 14 days from the date of retirement where the cause for payment occurred.

2. The Defendant did not pay KRW D retirement allowance of KRW 6,418,995 who worked in the said workplace from February 2, 2010 to July 30, 2014, within 14 days from the date of retirement where the cause for payment occurred, without agreement between the parties on the extension of the payment deadline.

The defendant of "2015 High 1382" is an employer who operates the general construction business chain dispute resolution committee by using two full-time workers from Seoul Central-gu B and the second floor.

The Defendant did not pay KRW 5,800,000 in total for four workers within 14 days from the date of retirement in which the cause for payment occurred, as stated in the detailed statement of payment in arrears by each individual, including KRW 1,800,000 on June 7, 2014, when he/she worked at the said workplace from June 7, 2014 to June 18, 2014, as well as KRW 5,800,000 in total, as stated in the detailed statement of payment in arrears by each individual.

Summary of Evidence

[2015 High Court Decision 1258]

1. Statement by the defendant in court;

1. Written Statements [2015 Written high 1382]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109(1) and Article 36 of the Labor Standards Act (hereafter referred to as “paid wage”) for facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act (hereafter referred to as “paid wage”);

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

1. Selection of each alternative fine for punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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