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(영문) 서울동부지방법원 2014.04.23 2012고단3019

근로기준법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by fine for 2,000,000 won.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is an actual management owner of G Co., Ltd. (hereinafter referred to as “G”) located in Gangdong-gu Seoul Metropolitan Government, who runs a construction design service business by ordinarily employing 500 workers.

"2012 Highest 3019"

1. Defendant A did not pay KRW 9,733,670 in total, including KRW 2,769,230 in December 2010 for H who was employed and worked in G on June 20, 2008 and KRW 9,733,670 in total, as shown in attached Table 1, on the last day of each month, which is a regular wage payment day.

2. Defendant A shall work in G from January 3, 2008 to October 7, 2011.

The retirement pay of 14,820,696 won, including the retirement pay of 151,300,185 won in total, including wages and retirement allowances for 12 workers, as shown in attached Table 2 of the List of Offenses, was not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Defendant A paid KRW 269,241 out of the amount of wages in March 2010, which was worked in G from September 27, 2005 to September 1, 201, to March 201, Defendant A did not pay KRW 28,225,487 in total, including wages and annual allowances, as shown in attached Table 3, on the regular payment date, as shown in attached Table 3.

Defendant A of “2013 Highest 352” shall work in G from August 20, 2010 to September 16, 2011.

The retired K's wages of KRW 3,738,550 and retirement allowances of KRW 4,861,410 have not been paid KRW 8,59,960 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Defendant A, “2013 High 2356,” had not paid the annual allowance in December 31, 2012 for the year 201, as stated in the attached Table 4, including LA’s wage of 3,898,830 won from October 6, 2007 to December 6, 201, as well as the annual wage of 3,898,830 won.

Summary of Evidence

[Judgment of the court below]

1. The first time;