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(영문) 서울중앙지방법원 2013.11.08 2013고정5066
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 27, 2013, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and the said judgment became final and conclusive on September 12, 2013.

The Defendant is an employer who runs an insurance business with one full-time employee while operating a stock company with No. 803 of Seoul Jung-gu B building C.

The Defendant, at the same place of business, worked as a general manager from June 20, 201 to October 31, 2012 at the same time and did not pay KRW 2,485,00,00 in total, which is the amount of KRW 1,05,00 on June 6, 201, and September 9, 201, wages of KRW 1,050,050 on October 201, and wages of KRW 1,05,000 on October 20, 2012, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made to D by the police;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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