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(영문) 서울중앙지방법원 2014.01.15 2012고정4514
근로기준법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

The Defendants are employers who jointly operate (main)G by employing six full-time workers on the fiveth floor of the Seocho-gu Seoul Metropolitan Government F building.

Defendants shall be employees from around December 1, 201 to November 23, 201, in collusion with the Defendants to serve as employees from the said State.

A retired worker shall be an employee of the said architect office from April 1, 201 to November 23, 201, as wages of 968,320 won, wages of 2,419,776 won each month from May 5, 201 to October 201, wages of 1,864,224 won each month, wages of 1,864,224 won each month, and wages of 17,351,200 won each month, and from April 1, 201 to November 23, 2011.

A retired worker I’s wages of KRW 2,517,525, monthly wages of April 201, and KRW 3,034,193, monthly wages from May 201 to October 201, respectively, and KRW 23,07,60,283, total amount of delayed payment of KRW 40,421,483, in total, was not paid within 14 days from the date on which each cause for the payment occurred, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Each legal statement of the witness H, I and J;

1. The police statement of H and I;

1. Full certification of the registered matters;

1. Application of Acts and subordinate statutes to each benefit ledger (investigative records, 18 pages, 103 pages) of H and I;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act, Article 30 of the Criminal Act, the selection of fines, and the selection of penalties against criminal facts (defendants)

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

1. Articles 70 and 69 (2) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 186(1) and 187 of the Criminal Procedure Act, which bear the costs of lawsuit (the defendants).

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