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(영문) 서울중앙지방법원 2016.08.17 2016고정78
근로기준법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the C representative director in Seocho-gu Seoul Metropolitan Government, is an employer who employs five full-time workers and operates educational service business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 2,30,00 in April 2015, 2015, KRW 4,600,00 in total, including KRW 2,300,00 in May 2015, and KRW 4,60,00 in English as an English instructor from September 6, 2015 to May 26, 2015; KRW 1,380,00 in March 20 in 208; KRW 1,00 in 0 in total, including 0,00 in 0,00 in 0 in 0,00 in 0,00 in 0,00 in 0,00 in 0,00 in 0,00 in 0,00 in 0,00 in 20,00 in 0,00 in 20,00 in 20,00 in 30,05 in 25,015 in 20.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D, F, and E;

1. Application of Acts and subordinate statutes of the D, F, and E of each petition;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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