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(영문) 서울중앙지방법원 2016.02.15 2015고정1911
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant shall be a representative director of Seocho-gu Seoul Metropolitan Government D (main) and an employer who runs a manufacturing business using ten full-time workers.

From April 1, 201 to August 30, 2014, the Defendant worked as the president of the Research Institute from April 1, 2011 to July 2014, the Defendant did not pay KRW 3,00,000,00 for each month of wages, and KRW 2,903,220 for each month of August 2014; KRW 14,903,220 for wages; KRW 10,034,540 for retirement allowances; and KRW 24,937,760 for total amount of KRW 24,540 for retirement allowances between the Parties without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Legal statement of witness E;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes applicable to the calculation details of retirement allowances, partner agreement, receipt of a four-party social insurance report, verification of severance from employment of the insured, detailed statement of insured status, notification of reporting loss of insured status of employment insurance, passbook transaction, unpaid amount (F preparation, record 36 pages), confirmation of delay in wages and delayed payment, verification of wage and overdue payment, income collection receipt for source, and income source collection for each income earner;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods);

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

1. Selection of an alternative fine for punishment;

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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