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(영문) 서울남부지방법원 2012.07.24 2012고정798
근로기준법위반
Text

Defendant shall be punished by a fine of 1.2 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as a actual manager of the Guro-gu Seoul Metropolitan Government Company B, is an employer who employs 20 full-time workers and engages in software development business. From July 18, 2011 to August 31, 2011, the Defendant, as the above place of business, did not pay 10,52,480 won in total, including 1.3 million won in wages and retirement allowances of retired workers, as shown in the attached Table of Crimes List, within 14 days from the date of each retirement without agreement on the extension of the due date between the parties.

The Defendant, as a actual manager of the Guro-gu Seoul Metropolitan Government B stock company, is an employer who employs 20 full-time workers and engages in software development business. From November 29, 2010 to April 27, 201, the Defendant did not pay KRW 1,65,508, including the total of KRW 92,000,000,000, and the total of KRW 1,65,508,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, from the date of each retirement within 14 days from the date of each retirement without agreement

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. Statement of the police officer with respect to D, G and H;

1. Application of each relevant statute;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning the facts constituting an offense.

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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