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(영문) 서울서부지방법원 2013.10.07 2013고정2108
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the actual manager of D in Seodaemun-gu Seoul, Seodaemun-gu, who operates the main store business using seven regular workers.

The Defendant is working in the foregoing workplace from August 24, 2012 to September 7, 2012.

Retired workers E shall work for 1,350,000 won as wages for September 2012, and from August 26, 2012 to September 26, 2012.

Labor for retired workers is 1.9 million won as wages of September 2012, and from September 12, 2012 to September 26, 2012.

A retired worker G did not pay the total of KRW 4.2 million in September 2012 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to E, F and G;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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

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 of the provisional payment order;

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