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(영문) 서울중앙지방법원 2017.07.05 2016고정4376
근로기준법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employer who employs one full-time worker while operating the headquarters B, 618, and Seocho-gu Seoul Metropolitan Government C, 507, the headquarters D, and Seoul Metropolitan Government office during Ansan-si and engages in the business of developing the architectural city environment.

From September 13, 2013 to May 13, 2016, the Defendant, who retired from office, did not pay the total of KRW 26,392,034 and retirement allowances of KRW 3,312,265, as shown in the annexed crime list of E, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement protocol of the police concerning E, and the protocol of interrogation of the police;

1. Application of Acts and subordinate statutes, such as average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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

1. Selection of a selective fine (including partial repayment of unpaid wages);

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

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

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