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(영문) 서울중앙지방법원 2016.11.16 2015고단1191
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the Jongno-gu Seoul Metropolitan Government (ju) EE Group in the Jongno-gu D Building and is the user who runs the consulting business by utilizing 40 full-time workers.

From July 4, 2011 to November 20, 2013, the Defendant is working in the above workplace.

In February 2012, F’s wages of 74,948,424 won and retirement allowances of 22,236,979 won and total amount of 97,185,403 won, including wages of 2,291,666 won in February 2012, were not paid within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The statement of a witness G recorded in a recording file of a court-recording system among the third protocol of trial;

1. The statement of witness F recorded in the recording file of a court-recording system among the fourth trial records;

1. A protocol concerning the examination of suspect by the prosecution of some of the accused (including the G and the part concerning the statement of the replacement of the F);

1. Application of Acts and subordinate statutes to each complainant G, F benefit payment and unpaid statement;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

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

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