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(영문) 서울중앙지방법원 2014.03.27 2013고정5529
근로기준법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants are co-representatives of the architect office D in Seocho-gu Seoul Metropolitan Government, which are two architectural firms in Seocho-gu, and are users who employ ten full-time workers and operate an architectural design business.

Defendants conspired to serve in the company from May 20, 2008 to April 2, 2012.

A retired worker E did not pay the total of KRW 27,164,348, as stated in the detailed statement of the money and valuables in arrears, including the wage 1,031,600, monthly wage of February 2009, within 14 days from the time when the cause for such payment occurred without an agreement between the parties on the extension of the due date of payment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E;

1. Application of the statutes governing the calculation of retirement allowances [Defendant A];

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Article 30 of the Criminal Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, Article 30 of the Criminal Act, and the choice of each fine;

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 [Defendant B] of the provisional payment order;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Article 30 of the Criminal Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, Article 30 of the Criminal Act, and the choice of each fine;

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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