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(영문) 서울중앙지방법원 2018.07.24 2018고정1149
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant and B are co-representatives of Seocho-gu Seoul Metropolitan Government, who are engaged in the manufacturing and wholesale sales of infant uniforms by using nine full-time workers.

The Defendant, in collusion with B, worked as a worker at the pertinent company from September 19, 2016 to October 31, 2017, and retired on October 2017, the Defendant, including KRW 2,616,543 and retirement allowances of KRW 2,824,895, and KRW 7,455,586 and retirement allowances of KRW 13,697,165, respectively, were not paid within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned, as indicated in the following table:

A retirement allowance in arrears with the period of service of workers during the period of service from September 19, 2016 to October 31, 2017, the amount of wages of 2,583,33 won on October 2017, 2017 2,824,895 won on May 12, 2014 to October 31, 2017; 1,583,33 won on May 12, 2014; 1,583,33 won on October 31, 2017; 2,50 won on December 15, 2016 to November 15, 2017; 2,872, 270 won on August 27, 2017; 1,50,50 won on May 15, 2017; 205 won on the annual average of 16,505 won on the annual basis of evidence.

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Statement made by the police for E;

1. Each written petition of E, G, and F;

1. Application of the Acts and subordinate statutes of G and F

1. Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Article 30 of the Criminal Act regarding criminal facts; Article 44 Subparag. 1 and 9 of the Guarantee of Retirement Benefits for each worker; Article 30 of the Criminal Act regarding each worker’s retirement benefits (including the default of payment of wages)

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

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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