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(영문) 서울남부지방법원 2014.07.24 2014고단1401
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant, who operates B in Guro-gu Seoul, is an employer. The Defendant did not pay wages or retirement allowances for each worker listed in the table of crime Nos. 1, 3, 4, and 7 of the annexed crime list within 14 days from the date of each retirement without an agreement on extension of the payment date with the above worker.

Summary of Evidence

1. Defendant's legal statement;

1. Application of respective laws and regulations of C, D, E, and F

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

1. The summary of the facts charged in this part of the dismissal part of Article 70 and Article 69 (2) of the Criminal Code of the Labor House Detention Act is that "the defendant, as the representative of B, did not pay wages or retirement allowances for each worker listed in the [Attachment 2, 5, 6, 8, and 9] within 14 days from the date of each retirement without agreement on extension of the due date with the above worker."

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 According to the statement of withdrawal of a petition filed in the trial records, each of the above workers has withdrawn his/her wish to punish the defendant after the prosecution of this case.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

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