logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.09.06 2013고단1586
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who operates clothing manufacturing and wholesale and retail companies using four regular workers in the Yongsan-gu Seoul Metropolitan Government building B, a trade name.

1. The Defendant violated the Labor Standards Act: (a) the Defendant did not pay KRW 2,800,000 as wages of KRW 250,00 for July 201, 2012, monthly wage of KRW 750,000 for August 2012; (b) the wages of KRW 700,000 for September 2012; and (c) the wages of KRW 700,000 for October 2012; and (d) the wages of KRW 400,000 for November 1, 2012; and (b) the Defendant did not pay KRW 2,80,000,000 for the wages of KRW 40,000 for November 20, 2012 without an agreement between the parties on the extension of the due date within 14 days from the date on which the cause occurred; and (c) the Defendant did not pay KRW 24,158,200 for three workers as indicated in the attached list of crimes.

2. The Defendant violated the Act on Guarantee of Workers' Retirement Benefits from April 24, 2007 to November 21, 2012, the Defendant did not pay KRW 7,543,127 as well as KRW 3,85,522 of the retirement allowances of workers E, who worked at the said workplace, within 14 days from the date of occurrence of the cause without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F, and E;

1. Application of Acts and subordinate statutes to details of transactions in each passbook, each average wage and retirement allowance calculation;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

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

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is against the defendant, and the defendant is the first offender, and the victims have paid approximately KRW 5 million to the victims, including the defendant's age, character, conduct and environment.

arrow