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(영문) 서울남부지방법원 2014.05.15 2014고단890
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 operates C in Geumcheon-gu Seoul Metropolitan Government.

From November 1, 1999, the Defendant did not pay KRW 456,00,00, retirement pay KRW 25,701,485, as of December 5, 2013, to workers D (the workers listed in the [Attachment Table 1] retired on December 5, 2013, within 14 days from the date of retirement without agreement on the extension of the above D and the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Article 334(1) of the Criminal Procedure Act provides that “The defendant did not pay wages and retirement allowances to each worker as stated in [Attachment 2-4] Nos. 2-4 of the list of offenses, within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.”

This is the crime of non-prosecution of intention. According to the evidence duly adopted by the court, each of the above workers has withdrawn his wish to punish the defendant after the prosecution of this case.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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