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(영문) 서울중앙지방법원 2018.04.26 2018고단752
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the attached Table 2 is re-worker.

Reasons

Punishment of the crime

The Defendant is the representative director located in Jongno-gu Seoul Metropolitan Government 203 Building D (main place) and is an employer who operates cleaning station business. From December 7, 2015 to July 1, 2017, employee E’s wage of KRW 930,00 and retirement allowance of KRW 1,41,409 has not been paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties, and did not pay the total amount of KRW 2,6,7,10,11,16,17, 19,20,21,222, 23, 25, 32, 34, 36, 350, and 2038, 251, 206, 204, 250, 205, 205, 325, 36, 350

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to each written appeal, written statement, details of arrears, average wages and retirement allowance calculation statement;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The part dismissing the prosecution pursuant to Article 59(1) of the Criminal Code (the defendant is the first offender, and only the wages and retirement allowances for the last month, the workers were paid in full due to delayed payment of wages and retirement allowances, and the fact that the crime is recognized and reflected) of the suspended sentence

1. The Defendant, as the representative director of Jongno-gu Seoul Metropolitan Government 203 Building 203 (main director) in Jongno-gu, is an employer who operates cleaning station business. From April 10, 2015 to May 21, 2017, the Defendant’s summary of the facts charged is to extend the payment period between the parties.

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