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(영문) 서울중앙지방법원 2013.09.11 2012고정6341
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates C, a consulting company, employing 30 full-time workers at Gangnam-gu Seoul and five floors.

The defendant shall be an employee of the above C from June 22, 2009 to May 26, 2011, as shown in the list of crimes in attached Form C.

The total amount of money and valuables, such as wages, paid by retired workers D, 69,080,016 won, and from November 17, 2008 to January 1, 201.

A total of KRW 123,61,677, including total of money and valuables, such as wages, for retired workers E, was not paid within 14 days from the date on which the grounds for the payment occurred without an agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) [A prosecutor who has been prosecuted for retirement pay payment by applying Articles 109(1) and 36 of the Labor Standards Act, but the former Guarantee of Workers' Retirement Benefits Act shall apply to the portion of retirement pay, and this part is only identical to the criminal facts and applicable provisions of the Act, and there is no possibility that the substantial disadvantage may be inflicted on the defendant's exercise of his/her right to defense, and therefore the criminal facts and applicable provisions of the Act shall be modified without any amendment to a bill of indictment.]

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

1. Selection of each alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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