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(영문) 서울중앙지방법원 2018.09.14 2018고정393
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. in the fourth floor of Gangnam-gu Seoul Metropolitan Government, and the user who runs online education business using 15 full-time workers.

From October 1, 2015 to April 30, 2016, the Defendant did not pay KRW 23,901,648, total sum of KRW 23,901,648, and KRW 14 days from the date of retirement, without agreement on the extension of the payment period between the parties, for three months from February 1, 2016 to April 2016.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement of witness E;

1. Statement made by the police with regard to D;

1. A complaint and a petition;

1. A copy of an annual salary employment contract, a copy of a revenue collection receipt for wage and salary income, and details of income tax on delayed payment and unpaid settlement;

1. Certificates of qualification immediately good, a statement on the screen of the F site, a certificate of qualification immediately success in the educational business, a business plan, and a statement on the screen to improve the F website, and F absolute English, and organization;

1. Documents printed out of each text, or G message printed out (369 pages of investigation records);

1. Application of Acts and subordinate statutes to the H (H) profit and loss statement (2015, 2016, 2017), the benefit ledger in October 2015, the benefit ledger in November 2015, the benefit ledger in December 2015, the benefit ledger in January 2016, the benefit ledger in February 2016, the benefit ledger in February 2016, the benefit ledger in March 2016, the benefit ledger in April 2016, the victim D, the victim’s work ledger in April 2016, the victim D’s work time, and the details of the use of transportation cards in late payment in victim D;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Judgment on the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act (the grounds for conviction) of the Criminal Procedure Act

1. The gist of the argument D is that C Co., Ltd. (hereinafter “instant company”) is a horizontal and equal partner position with the Defendant.

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