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(영문) 서울남부지방법원 2013.11.28 2013고단2793
근로기준법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of the (ju)J of Guro-gu Seoul Metropolitan Government International Building 206, who is the employer, and did not pay each wage or retirement allowance as specified in the list of crimes in the attached list of crimes against K and L within 14 days from the date of each retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of L and K;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

1. Selection of fine for the type of punishment (the fact that efforts are made to recover damage, the amount of the money and other valuables in arrears, the period of arrears, etc.);

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

1. The summary of the charge of dismissing the dismissal part of Articles 70 and 69 (2) of the Criminal Code of the Labor House Detention Act is that "the defendant is the representative director of the J as the employer." The defendant did not pay each wage or retirement allowance as stated in the list of crimes in the attached list of crimes against C, D, E, F, G, and H within 14 days from the date of each retirement without agreement on extension of the due date."

This is a crime of non-violation of intention. According to each statement of withdrawal of each complaint filed in the records, each of the above workers has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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