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(영문) 서울남부지방법원 2013.11.27 2013고정2756
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a user who operates a system software development business by using 35 full-time workers as the representative of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co and B404.

The Defendant did not pay the wages of KRW 1,679,33 of E, who worked in the said workplace from April 27, 2012 to November 30, 2012, and KRW 3,637,333 of F, who worked in November 7, 2012 from January 7, 2012 to January 7, 2013, wages of KRW 43,376, wages of January 2013, and KRW 12,580, total of KRW 3,63,637,289, and KRW 289, respectively, within 14 days from the date on which the cause for payment occurred without an agreement on the extension between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each statement (E, F), each statement (E, F);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (F in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant did not pay KRW 2,304,774, total amount of B’s wages (the wage of February 1, 2013, the wage of KRW 1,832,000, the wage of March 2013, and KRW 472,774, the wage of March 2013) and retirement allowances of KRW 2,200,258 within 14 days from each retirement date on which the grounds for the payment occurred, without agreement between the parties to the extension of payment.

2. The facts charged pertaining to this part of the facts charged are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, and workers’ express opinion pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of

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