logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.08.14 2013고단3763
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From June 15, 2009 to May 18, 2013, the Defendant operates a digital image processing company in Seoul Gangnam-gu, Seoul, and from that date, from that to that of Gangnam-gu, Seoul, a business entity dealing with digital image in the trade name, “F”, and separately operates a digital image processing company in the first floor of Seoul, Gangnam-gu, Seoul, from February 8, 2010 to March 8, 2013.

On July 1, 2011, the Defendant served as an employee in the Dispute Resolution H on July 1, 201, and did not pay the total of KRW 2,849,175, including the wages and retirement allowances, etc. to retired workers I on July 1, 2012, as well as KRW 106,803,754, including the wages and retirement allowances, etc. to 13 workers belonging to the Dispute ResolutionF and H, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer to J and I;

1. A written petition;

1. Application of Acts and subordinate statutes to the unpaid statement, retirement allowance calculation statement, and benefit statement;

1. Article 109 (1), Article 36 of the Labor Standards Act (the fact that wages and retirement allowances are not paid within 14 days from the date of retirement), Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that the retirement allowances are not paid within 14 days from the date of retirement) concerning criminal facts;

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

1. Selection of an alternative fine to be imposed (the amount of wages and retirement allowances paid in delay, and some of them are paid as substitute payments);

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

arrow