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(영문) 서울남부지방법원 2015.07.01 2014고정3620
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., which is a building A 2004, and operates software development business.

The defendant works in the above company's workplace.

Wages and retirement allowances, workers E, and F listed in the attached list of retired workers D were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of questioning by the police to the DG, and statement by the police to the F;

1. A written statement (E) and a written statement of the respondent's representative;

1. Application of Acts and subordinate statutes of each written petition, delayed payment of wages, and written confirmation of delayed payment;

1. Articles 109 and 36 of the Labor Standards Act applicable to facts constituting an offense, and Articles 44 subparagraph 1 and 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 (trades in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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