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(영문) 서울중앙지방법원 2015.04.30 2014고단9215
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the Gangnam-gu Seoul Metropolitan Government C Co., Ltd., which is a user who conducts software development and supply business using two full-time workers.

The Defendant is working in the foregoing company from September 26, 201 to June 10, 2014.

Labor of retired workers D’ wages of KRW 5,774,440 and retirement allowances of KRW 3,719,623, and ② From September 16, 2010 to June 10, 2014

Wages E of retired workers E and retirement allowances of KRW 6,366,60 and retirement allowances of KRW 4,257,846 have not been paid within 14 days from the date when the grounds for such payment occurred without an extension agreement between the parties concerned on the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of a selective fine (including the fact that the payment of wages and retirement allowances to workers is deemed to have been made in full);

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

1. Articles 70 (1) 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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