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(영문) 서울서부지방법원 2013.12.11 2013고정1399
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a corporate representative director Co., Ltd. with eight floors in Mapo-gu Seoul Metropolitan Government, who runs manufacturing and franchise business using ten full-time workers.

1. The Defendant violating the Labor Standards Act is working in the above workplace from June 17, 201 to June 20, 2012.

The retired worker D did not pay KRW 1,625,00 on June 6, 2012 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act shall work in the above workplace from June 17, 201 to June 20, 2012.

The retirement allowance of 1,623,00 won of retired workers D was not paid within 14 days from the date of retirement, which is the date when the cause for payment occurred, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a true statement, wage ledger, and retirement allowance calculation statement;

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 (wholly amended by Act No. 10967, Jul. 25, 201) (unpaid of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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