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(영문) 서울서부지방법원 2015.04.16 2014고단2338
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a joint representative of Yongsan-gu Seoul Metropolitan Government Co., Ltd. who runs the wholesale business of home appliances using nine full-time workers.

The Defendant had worked from February 20, 2012 to March 31, 2014 at the same place of business, and had not paid the total of KRW 6,883,825 and retirement allowances of KRW 5,492,054, as well as the total of KRW 6,82,825 and retirement allowances of KRW 5,452,054 within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without an agreement between the parties on the extension of the due date, and did not pay them within 14 days from the date of retirement, as described in the attached Table Nos. 3, 5, 7, and 10 of wages for four workers as stated in the attached Table Nos. 3,242,80, retirement allowances, total of KRW 8,164,026,

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement concerning E and F;

1. Written statements of D and G;

1. Application of each relevant statute;

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

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;

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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