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(영문) 서울중앙지방법원 2013.08.20 2013고단2119
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On December 14, 2012, the Defendant was sentenced to 10 months of imprisonment for fraud and 2 years of suspended execution at the District Court for the Defendant’s District Court on December 14, 2012, and the said judgment was finalized on December 22, 2012, and the Defendant operates E, a real estate company, by employing 30 full-time workers at the fifth floor of the Seoul Gangnam-gu Seoul

The Defendant served from July 25, 201 to January 16, 2012 at the above company.

A retired worker’s wage of F shall be KRW 1,00,00,000 for October through December 201, and KRW 193,548 for January 201, including KRW 3,193,548 for each month, and KRW 3,193,548 for each month, and shall work from August 26, 201 to January 31, 2012.

A retired worker's wages of 80,00,000 won in September 201, 967,741 won in October 201, 1,000 won in November 201, and 1,00,000,000 won in December, 201, respectively, and 4,445,160 won in total, including 67,419 won in January 201, and 11, 201 to January 26, 2012.

A retired employee’s wages 85,053 won in September 201, 935,483 won in October 201, 1,000,000 won in November 201, 870,967 won in December 201, 548,387 won in total, and 3,439,890 won in January 201, and from July 19, 201 to January 26, 2012.

In the case of retired workers I’ wages, the sum of KRW 1,00,000,00 for October through December 201, and KRW 3,548,387 for January 201, and KRW 3,548,387 for each party’s extension of the due date for payment, was not paid within 14 days from the date of retirement without any agreement between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. Each benefit ledger and the attendance book;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of statutes governing the judgment;

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

1. Selection of each selective fine of penalty (the amount of overdue wages and substitute payment equivalent to the overdue payment shall be considered);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The dismissal of prosecution under Articles 70 and 69(2) of the Criminal Act against workers B and C among the facts charged in this case.

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