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(영문) 서울남부지방법원 2017.07.18 2015고단3424

근로기준법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 24, 2007, the Defendant was sentenced to two years and six months of imprisonment for a crime of fraud, etc. on September 8, 2008 at the Jung-gu District Court Goyang Branch, which was sentenced to two years and six months of imprisonment for a crime of fraud. On October 17, 2008, the court was sentenced to three years of imprisonment for a crime of violation of the Act on the Non-violation, etc. of Specific Economic Crimes Aggravated Punishment (Fraud) and completed the execution of each of the above punishment in the Seoul Southern District Court on March 15, 2014, by having been sentenced to six months of imprisonment for a crime of breach of trust in the same court on January 29, 2010.

[Criminal facts] The Defendant is the actual representative of C Co., Ltd. on the 5 and 6th floor of Gangseo-gu Seoul Metropolitan Government, and is an employer who runs small aircraft transportation business using 30 full-time workers.

1. When a worker retires, an employer shall pay wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked for the said company from October 1, 2014 to March 27, 2015, and did not pay 11,873,000 won in total of two workers’ wages as indicated in the separate sheet of crime, including KRW 1,00,000 for December 2014 of the retired workers D, and KRW 1,00,000 for January 2015, and KRW 2,000 for March 2015, as indicated in the separate sheet of crime, within 14 days from the date on which the grounds for payment occurred to the date of retirement.

Although the victim E’s non-permanent letter of punishment was submitted to this court on June 14, 2016, it is not recognized as a non-original expression of punishment because it was not submitted a copy of identification card, a certificate of personal seal impression, etc.

On October 24, 2007, the Defendant was sentenced to imprisonment with prison labor for two years and six months at the closing court of the Jung-gu District Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the Law of the Aggravated Punishment, etc. for the Specific Economic Crimes for the High Court