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(영문) 광주지방법원 2015.09.16 2015고단2229
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the actual manager of "I" in the Nam-gu Seoul Metropolitan City H, who has been engaged in 3D video editing business using 9 full-time workers.

From October 4, 2011 to December 5, 2014, the Defendant did not pay two workers’ wages and retirement allowances from the date of each retirement within 14 days from the date of each retirement without agreement between the parties to the extension of the due date for payment, as indicated in the attached Table Nos. 5 and 6, including the sum of 1,391,360 won in 2013, total of 6,714,82 won in 2014, total of 3,970,448 won in total, and the total of 3,970,448 won in 201.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the defendant against K

1. Statement by J and L respective police officers;

1. Application of the Acts and subordinate statutes on detailed statements of individual and minor arrears, retirement allowance calculation statements, wage ledgers, standard employment contracts, and transaction statements;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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 as follows: (a) the Defendant did not pay wages and retirement allowances of six workers working at the pertinent workplace within 14 days from each retirement day without agreement between the parties on extension of the due date, as set out in [Attachment] Nos. 1 to 4, 7, and 8.

2. The determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records.

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