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(영문) 서울중앙지방법원 2013.11.25 2011고단4437

근로기준법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was sentenced to one year in Seoul High Court to a violation of the Attorney-at-Law Act, and the said judgment became final and conclusive on February 15, 2013.

[2011 Highest 4437] The Defendant is an employer who is a F representative director in the second floor of Seocho-gu Seoul Metropolitan Government E-building and engages in game service business using 50 full-time workers.

The Defendant works from F Co., Ltd. on February 9, 201 to November 3, 2010, and from January 26, 201, from January 201 to January 26, 201.

A total of KRW 3,506,715, including KRW 3,506,715 of the wages, etc. of retired G, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment between the parties, as shown in attached Table 1 Nos. 2 through 4, 6 through 8, 11, 12, 14, 19, 20, 22, 23, 25, 25, and 26.

[2012 Highest 2794] The Defendant is a person who operates F Co., Ltd. by employing 30 full-time workers on the sixth floor of Seocho-gu Seoul Metropolitan Government E building.

1. Although the Defendant, as an employer, paid the wages to a worker once or more per month on a fixed date, he/she did not pay the wages of KRW 1,00,00,00 for the month from March 1, 2009 to May 1, 2009, the wages of KRW 833,334,00 for September 201, the monthly wage of KRW 1,66,67 for November 201, and KRW 1,66,67 for December 201, the monthly wage of KRW 1,66,67,67 for December 1, 201, and KRW 833,34,66,67, and monthly wage of KRW 1,66,67 for February 1, 201, KRW 66,67, KRW 67 for May 1, 207, KRW 209 for the year-end year-end settlement from September 1, 2010 to 105.

2. The Defendant is an employee of the said F from February 8, 2010 to August 3, 2011.

An employee I’s total of KRW 14,39,848, including the amount of wages of KRW 833,333 on September 2010, did not pay KRW 14,39,848, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties to the extension of the due date, and attached Table 4 Nos. 2, 3, 13, 21, 22, No. 5, 2,4,5, and the list of crimes.

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