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(영문) 서울중앙지방법원 2013.11.14 2013고단1053
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000 (O million).

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

Between April 23, 2009 and November 22, 2010, the Defendant is a person who operates each computer software development company under the trade name of "(ju)G" on the 12th floor of the building D in Gangnam-gu Seoul, Seoul, from then to June 30, 2012; from then to October 2012, the trade name of "(juG) G" on the 5th floor of the building D in Gangnam-gu Seoul, Seoul; and from then to then, the Defendant is a person who operates each computer software development company under the trade name of "(ju) I" on the 1023th floor of the H building in Gangnam-gu Seoul, Seoul, from then to then.

From October 1, 2010 to June 30, 2012, the Defendant, while serving as an employee in the foregoing “E”, did not pay KRW 21,049,580 in total, including wages, etc. to retired workers J, within 14,16,983 in total, including wages, etc. to seven employees, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of J, K, L, M and N;

1. Application of the relevant Acts and subordinate statutes of theO and P;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1. Articles 40 and 50 (J, a violation of the Labor Standards Act against P, a violation of the Guarantee of Workers' Retirement Benefits Act, and a punishment provided for a violation of the Labor Standards Act with heavier criminal standing;

1. Selection of an alternative fine for punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act against the heavyJ);

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. The summary of this part of the facts charged is as follows: (a) the Defendant served as an employee in “State” from November 16, 2012 to December 26, 2012; and (b) the amount of KRW 1,400,000 for the retired employee B within 14 days from the date of his/her retirement without any agreement on the extension of the due date between the parties concerned.

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