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(영문) 서울중앙지방법원 2017.11.29 2017고정2826
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant, as the representative director of corporation C in Seocho-gu Seoul Metropolitan Government, is operating the above company with ten full-time workers.

1. The Defendant violated his/her duty to liquidate money and other valuables, and the Defendant did not pay the amount of KRW 2,183,30 in May 29, 2017, as well as KRW 3,274,95 in total, 16,152,525 in total, and KRW 1,100,00 in E education expenses, KRW 5,600 in total, KRW 6,700,00 in total, KRW 6,700,00 in education expenses of F, and KRW 6,70,00 in total, KRW 14 days in June, 2017, and KRW 3,274,95 in addition to the list of crimes in the attached Form.

2. The Defendant, who was not paid a retirement allowance, did not pay KRW 2,356,712 of the F retirement allowance that he/she retired from office in the company from January 10, 2016 to May 29, 2017 within 14 days from the date of retirement without agreement on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D, E, F, and G;

1. Application of Acts and subordinate statutes, such as each petition for labor contract, a labor contract, a statement of wages, a ledger of wages, and details of arrears;

1. Article 109 (1), Article 36 of the Labor Standards Act for Criminal Facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement benefits);

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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