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(영문) 서울서부지방법원 2019.05.23 2018고단986
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 is the representative of Mapo-gu Seoul Metropolitan Government H, who runs the newspaper publishing business using 15 full-time workers.

1. Although an employer in violation of the Labor Standards Act due to unpaid payment date has paid wages to an employee on the regular payment date at least once a month, the Defendant did not pay the total of 14,842,580 won to the employees listed in [Attachment] No. 1,509,020 won for May 23, 2003 to the employees I working in the above company from April 203 to May 2017, and June 1, 2017 as well as the total of 14,842,580 won for the employees listed in [Attachment] No. 1,509,020 on the regular payment date.

2. The employer who violated the Labor Standards Act due to the payment of wages and retirement allowances and the Act on Guarantee of Workers' Retirement Benefits did not pay all money and other valuables and retirement allowances, such as wages, within 14 days from the date of retirement in the case of retirement of an employee, within 14 days from the date of retirement, as shown in attached Table 9, to April 1, 2017, 374,040 won, and 1,483,230 won in the aggregate of 1,483,230 won in the wages and 2,654,089 won in the case of retirement of an employee.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The K's statement;

1. Statement I and J's petition/statement;

1. Career certificates, text messages, certificates of delayed payment of wages, wage ledgers, retirement allowance calculation books, and private employees;

1. Application of the Act and subordinate statutes to the investigation report (No. 22,23) and the confirmation of telephone, etc. (No. 28);

1. Articles 109(1) and 43 of the Labor Standards Act regarding criminal facts; Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); and Articles 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (paid retirement allowances)

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

1. Selection of a fine;

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