Text
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a person who employs 20 full-time workers in Jongno-gu Seoul Metropolitan Government D and operates Co. E.
The defendant is an employee of the above E from November 15, 199 to December 28, 2011.
32,48,947 won, monthly wage of 1,000, monthly wage of 3,615,380 won, monthly wage of 10 months, wage of 3,615,380 won, monthly wage of 11,687,180 won, annual paid leave allowances of 6,680,720 won, annual paid leave allowances of 15,850,277 won, and annual paid leave amount of 15,850,277 won, shall be an employee from November 15, 199 to June 10, 201.
A total of KRW 36,952,367, including the total of KRW 4,503,420, etc. of retirement pay of retired G, did not pay KRW 36,952,367 within 14 days from the date on which the grounds for such payment occurred, without
Summary of Evidence
1. The entry of witnesses F and G in the third protocol of the trial;
1. Partial statement of the police suspect interrogation protocol against the defendant;
1. Partial statement of H in the police statement;
1. Descriptions of an annual salary contract and a written oath among the F-related data (such as a full-time employment contract, etc.);
1. Application of the Acts and subordinate statutes entered in the retirement allowance interim settlement certificate and the rules of employment of the Fund;
1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201)
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (F in violation of the Labor Standards Act and the former Act on the Guarantee of Workers' Retirement Benefits against F);
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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The assertion;
A. (i) Part concerning F is only a registration director of E Co., Ltd. (hereinafter “instant company”) managed by the Defendant, and is not an employee under the Labor Standards Act.
dr.