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(영문) 서울중앙지방법원 2014.08.14 2013고단6291

근로기준법위반등

Text

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

Of the facts charged in the instant case, against C, D, E, F, and G.

Reasons

Punishment of the crime

[Status Relation] The defendant is a representative director of (ju) H, who is an employer who has employed 30 full-time workers at Gangnam-gu Seoul Metropolitan Government I and operated a veterinary hospital.

【Criminal Facts】

The defendant is an employee of the above State (H) from January 29, 2009 to November 30, 201.

8,445,900 won in total, including retirement allowances of the J 7,427,790 won and annual settlement refund, etc., was not paid within 14 days from the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.

The Defendant, in addition to this, worked as an employee in accordance with the attached list of crimes Nos. 2, 3, 6, 8, 9, 10, 12 through 26, 28, 29, and 30, and did not pay 296,114,755 won in total, including wages and retirement allowances, to 24 workers retired from office, within 14 days from the date on which the cause for the payment occurred without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against K and L;

1. Written statements of J, L, M, N,O, P, Q, R, S, T, V, M, X,Y, Z, AB, AC, and AD;

1. Application of the respective Acts and subordinate statutes of AE, AF, and AG;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Part concerning the dismissal of prosecution pursuant to the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The summary of the facts charged is an employee of the above week from January 29, 2009 to November 30, 201.

Wages C of retired workers was not paid KRW 6,483,838 within 14 days from the date on which the grounds for such payment occurred without an agreement between the parties on the extension of the due date.

The Defendant, in addition to this, has paid 19,603,03 won between the parties, including wages and retirement allowances, for five workers retired while serving as employees, as described in the attached list of crimes.