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(영문) 서울중앙지방법원 2015.11.05 2015고단1165

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

"2015 Highest 1165"

1. The Defendant who violated the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act related to C is the employer who ordinarily employs 37 workers as the representative of Gangnam-gu Seoul Metropolitan Government Co., Ltd. and operates the KIKO service business.

On October 22, 2012, the Defendant joined and works for the above C.

In the indictment of KRW 13,530,100 and retirement allowance of KRW 2,976,907 within 14 days from the date of retirement without agreement with E and the extension of the due date of retirement on December 2, 2013, the indictment of KRW 66,93,336 is stated in the indictment of KRW 13,530,100 and KRW 2,976,907, but in light of the list of crimes and the investigation records attached to the indictment, it appears that

(2) No payment has been made.

The Defendant, including this, did not pay KRW 26,218,022 within 14 days from the date of each retirement without agreement on the extension of the due date with employees, as stated in the attached list of crimes (1). In addition, the Defendant did not pay KRW 65,927,797 in total, and five employees.

2. The Defendant in violation of the Labor Standards Act and the Act on Guarantee of Workers’ Retirement Benefits is the actual operator of F Company G in Jung-gu Seoul, Jung-gu, who ordinarily employs six workers and operates interior fisheries.

On July 30, 2012, the Defendant is working for F on July 30, 2012

In the absence of an agreement with H on July 31, 2014 on extension of the due date with the retired employee, the said H did not pay wages of KRW 8,394,060 and retirement allowances of KRW 3,923,764 within 14 days from the date of retirement.

The Defendant, including this, did not pay 21,50,727 won in total and 6,303,751 won in total as well as 21,50,727 won in total, and two employees, within 14 days from the date of each retirement without agreement on extension of the due date, as stated in the attached list of crimes (2).

3. The Defendant, who violated the Labor Standards Act related to I, is in Gangnam-gu Seoul Metropolitan Government D.