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(영문) 서울중앙지방법원 2016.02.02 2015고정328
근로기준법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is the user who has employed nine full-time workers as the representative of Seocho-gu Seoul Metropolitan Government 2nd floor C Building D and operated the construction business.

1. On May 9, 2014, the Defendant violated the Labor Standards Act (hereinafter “Labor Standards Act”) paid KRW 8,580,640,000,000,000,000 paid to retired workers E, and KRW 8,580,640,000,000,000,000 paid to retired workers F, on May 31, 2014, without any agreement between the parties on the extension of the payment date.

2. The Defendant violated the Workers’ Retirement Benefit Security Act: (a) did not pay KRW 7,192,260, totaling KRW 3,043,370, and F’s retirement allowances totaling KRW 4,148,890, and KRW 7,192,260, which were retired while serving in the said workplace as above at the said workplace; and (b) did not pay each of them 14 days after

Summary of Evidence

1. Each legal statement of witness G, F, E, and H;

1. Each police statement made with respect to G, E, and F;

1. E’s written petition;

1. A complaint;

1. Application of Acts and subordinate statutes to the details of transactions in each passbook, each average wage and retirement allowance, the statement of wages, and deposit details of D benefits;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of each alternative fine for punishment;

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

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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