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(영문) 서울서부지방법원 2015.01.21 2014고정1745
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 person who engages in software development business by ordinarily employing 10 workers under the trade name of “stock company C” in Mapo-gu Seoul Metropolitan Government 408;

(a) When an employee retires, the employer shall be employed from March 8, 2011 to September 30, 2013 at the same workplace, even though he/she paid wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

A retired employee D’s wages of KRW 3,035,163 on August 2012, 201, the amount of KRW 3,040,583, and KRW 362,550 on September 9, 2013 of the same year, and the amount of KRW 6,438,296 on the aggregate of KRW 3,438,50 on the year-end year-end tax settlement in 2013, and the amount of KRW 19,830,476 on the wages of three retired workers, as described in the attached list of crimes, are not paid within 14 days from the date on which

B. If an employee retires, the employer is employed from March 8, 201 to September 30, 2013 at the same workplace despite the payment of retirement allowances within 14 days from the date on which the cause for such payment occurred.

The retirement allowance of retired workers D did not pay KRW 7,644,010 as well as KRW 23,560,280 of retirement allowances of three retired workers as shown in the attached list of crimes, and did not pay KRW 23,560,280 within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written petition;

1. Inquiry into the details of transactions in each account;

1. Calculation details of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to each benefit ledger;

1. Article 109(1) and Article 43 of the Labor Standards Act (each point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;

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. The Criminal Act for the detention of a workhouse;

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