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(영문) 서울중앙지방법원 2013.12.12 2013고단3279
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The Defendant is a person who employs 70 full-time workers on the 11st floor of the Seocho-gu Seoul Metropolitan Government D Building and operates the Internet Service Company’s “State E”.

The Defendant is an employee of the foregoing E from March 5, 2012 to August 8, 2012.

7,330,545 won of wages of retired workers F was not paid within 14 days from the date on which the cause for the payment occurred without an agreement between the parties to the extension of the due date.

In addition, on November 21, 2013, the prosecutor revoked the prosecution and made a decision to dismiss the prosecution on the same day among the list of crimes in the attached list of crimes in the annexed list of crimes.

in this chapter, as described above, shall be an employee.

A total of 68,687,522 won of wages and retirement allowances for four retired workers was not paid within 14 days from the date on which the grounds for such payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. A petition filed by F, G, H, and I;

1. Application of the F, G and I’s written laws and regulations;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (i.e., a violation of the Labor Standards Act against I and H, a violation of the Guarantee of Workers' Retirement Benefits Act, a punishment imposed on a violation of the Labor Standards Act of which the nature of the crime

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the violation of the Labor Standards Act concerning I with the largest penalty);

1. In light of the fact that substitute payment was made on the grounds of the sentencing of Articles 70 and 69(2) of the Criminal Act, the remaining amount of arrears will be 3,115,177 won, and thus, a fine like the order shall be imposed.

6F 3,246,670 12,629,850 0 3,216,670,677,205 7,330,545 G 8 G 4,383,383, 340 4,288,280 3,733,448,482.

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