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(영문) 서울중앙지방법원 2013.06.11 2012고단6953
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000 (O million).

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is a person who employs eight regular workers on the second floor of Seocho-gu Seoul Metropolitan Government, and operates D, a publishing company.

The defendant is working for the above company from November 25, 1998 to February 29, 2012.

A retired worker E’s wage of KRW 1,500,000 on March 2009, and is working in the company as shown in the attached list of crimes.

The total amount of KRW 93,083,880, such as wages and retirement allowances of two retired workers, was 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. The defendant's legal statement (the third trial date);

1. Application of Acts and subordinate statutes on police statements concerning E and F;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the violation of the Guarantee of Workers' Retirement Benefits Act which is heavier than the nature of the crime;

1. Selection of an alternative fine for punishment;

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall be sentenced to a fine as ordered by the disposition, taking into consideration the fact that, among concurrent crimes, D has deposited to E and F the reason for sentencing 40 million won (6 pages of investigation records), the fact that the defendant has no criminal records of suspended execution or more, etc.

It is so decided as per Disposition for the above reasons.

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