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(영문) 서울중앙지방법원 2018.01.17 2017고정3434
근로기준법위반등
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 representative of Gangnam-gu Seoul and 201, is operating the above company by using seven full-time workers.

An employer shall pay wages, compensations, and other money and other valuables and retirement allowances within 14 days from the date on which the cause for such payment occurred, unless there is an agreement on the extension of the payment period, but the Defendant did not pay the total amount of wages of 3,043,540 won for June 3, 2016, including the total amount of wages of 3,01,85,940 won for July 3, 2013, 420, and 11,85,940 won for August 5, 2016 and 12,128,888,80 won for retirement without an agreement on extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on petition, labor contract, transaction details of passbooks, and retirement settlement;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement benefits);

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

1. Selection of an alternative fine for punishment;

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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