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(영문) 서울남부지방법원 2012.12.11 2012고정2689
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative director of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Company B, is the user who runs the computer program development business using seven regular workers, and is employed from December 1, 201 to December 3, 201 at the above place of business.

A retired worker C’s 367,180 won of October 201, 201, wage 1,867,180 won of November 201, 201, wage 466,665 won of December 201, retirement allowance 1,968,796 won of retirement allowance, and work from July 18, 201 to November 29, 201.

A retired worker D’s total amount of KRW 12,836,487, including wages and retirement allowances of KRW 7 million on October 201, 201, and KRW 1,166,666 on November 1, 2011, did not pay KRW 12,836,487 within 14 days from the date of each 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 the police with respect to C and D;

1. Application of Acts and subordinate statutes to confirm accrued wages and pay certificates, and settle accounts of retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning the facts constituting an offense.

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

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