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(영문) 서울중앙지방법원 2016.04.14 2015고단960 (1)

근로기준법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant of the Gangnam-gu Seoul Metropolitan Government 2015 High Group 960 is the employer who has run software development business using 30 full-time workers as the representative of D Co., Ltd. with 5th floor of the Gangnam-gu Seoul Metropolitan C building, and the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days from the time when the reason for payment occurred if the employee retires.

Nevertheless, the Defendant did not pay wages of KRW 2,980,552 and retirement allowances of KRW 4,951,712 of workers E who retired from the said workplace from around April 1, 2013 to November 14, 2014, without any extension agreement between the parties on the payment date, and did not pay KRW 32,01,886, total sum of wages of 12 workers, as described in Annex A, B, as well as KRW 48,158,321 and 6 retirement allowances of KRW 32,01,886, respectively, within 14 days from the date of payment, without any extension agreement between the parties on the payment date.

When an employer of the 2015 Highest 2330 retires, he/she shall pay wages, retirement allowances, and all other money and valuables within 14 days after the ground for such payment occurred.

Nevertheless, the Defendant did not pay the amount of KRW 14,83,320 and the amount of KRW 7,372,380 as stated in the “detailed statement of arrears payment for each individual” (excluding 1,34,44,5,53, 13, 15, 15, 166, 16, 40) as stated in the “detailed statement of payment for each individual” (excluding 1,3,4,5, 13, 15, 16, 400) including the total amount of KRW 9 workers’ wages and retirement allowances total of KRW 105,946,40 for October 14, 2014, and KRW 14,833,320 for December 6, 196 and KRW 7,372,380 for retirement allowances within 14 days from the date of retirement, without any agreement between the parties to the payment on the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement of the police statement related to G;

1. Attached Table A, B, and Attached Form 1.