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(영문) 서울중앙지방법원 2013.08.27 2013고단3282
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On July 3, 2013, the Defendant was sentenced to imprisonment with prison labor for eight months at the Seoul Western District Court for fraud, and the said judgment became final and conclusive on the 11th of the same month.

The defendant is a representative director of G Co., Ltd. who was in Seongbuk-gu Seoul Metropolitan Government, Seongdong-gu and Seongdong-gu Seoul Metropolitan Government F, and is an employer who operates a new wholesale business by employing 16 full-time workers.

1. The Defendant violating the Labor Standards Act is working in the above workplace from March 26, 2007 to September 30, 2008.

He did not pay the total of KRW 34,630,000 for seven retired workers as indicated in the following list of crimes, as well as KRW 17,000,000, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

H 1H 207-03-26 2008-08-09-30 17,000,000 won 2 I 2008-03-10, 2008-03-10, 2008-09-30 1,980,000 won 3 J 2008-08-14 2008-10-14, 450,000 won 4 K 2008-04-04-07 2008-07 2009-301,70,700, 5 L 208-208-208-10-3030, 308-10-14, 2008-208-4030-14, 3007, 000 won.

2. Defendants violating the Guarantee of Workers' Retirement Benefits Act shall work in the above workplace.

The retirement allowance of H was not paid 5,057,470 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about H, M, and N;

1. A complaint, letter of delegation / Each complainant's identification card and copy of a passbook;

1. Previous convictions: Case summary information and application of Acts and subordinate statutes of the judgment;

1. Relevant criminal facts: Articles 109 (1), 36, and 43 of the Labor Standards Act; Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

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

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order:

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