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(영문) 서울서부지방법원 2015.10.16 2015고정1228
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a health club “C” in Mapo-gu Seoul Metropolitan Government.

1. The Defendant violated the Labor Standards Act: (a) was working for the above health clubs from July 2, 2013 to November 30, 2014; (b) wages of KRW 1,742,60 from September 2014 to November 11, 2014; (c) wages of KRW 1,257,100 in October 1, 2014; (d) 220,00 in November 15, 2014 to October 16, 208; and (d) paid the total amount of wages of KRW 1,742,60 in workers who were employed for the period from October 15, 2014 to October 30, 2014 to October 16, 2014 to October 30, 2014; and (d) wages of KRW 2,208,00 in workers who were retired from office within 10,010 in March 16, 201014.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, who served in the said health club from October 16, 2013 to November 30, 2014, and served in the said health club as well as in the retirement allowance of the retired workers G 1,350,250, and November 30, 2014 from July 22, 2013 to November 30, 2014, did not pay KRW 3,100,934, respectively, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period.

Summary of Evidence

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

1. Each statement of E, F, D, and G;

1. Application of each document for calculation of average wages and retirement allowances, and each document for payment and passbook;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

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. Article 70(1) of the Criminal Act for the detention of a workhouse.

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