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(영문) 서울남부지방법원 2014.11.20 2014고단3308
근로기준법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the representative of Geumcheon-gu Seoul Metropolitan Government building and C, is an employer who employs 20 full-time workers and engages in software development business. Despite the fact that a worker retires from office, the Defendant paid wages, compensations, retirement allowances, and all other money and valuables within 14 days thereafter, the Defendant did not pay wages, retirement allowances, etc. within 14 days from the date of each retirement without an agreement on extension of the payment date with the worker, as described in the attached Table Nos. 1 through 3.

Summary of Evidence

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of D, E, and F;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

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

1. The rationale for sentencing under Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014); the fact that it appears to have endeavored to liquidate the money in arrears; and the amount of the money in arrears, etc., shall be punished by a fine, taking into account the following factors:

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