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(영문) 서울중앙지방법원 2013.10.28 2013고단3737

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who employs ten full-time workers on the first floor of the Gangnam-gu Seoul Metropolitan Building and operates the Internet service company's "C".

The defendant is an employee of the above C from January 26, 2012 to May 22, 2012.

A retired worker D's total amount of KRW 1,780,000 was not paid within 14 days from the date on which the cause for the payment occurred without agreement between the parties to the extension of the due date.

In addition, the defendant is an employee in the above Section C, such as the list of crimes in the attached list of crimes.

The amount equivalent to 43,452,679 won shall not be paid to four retired workers within 14 days from the date on which the cause for the payment occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the relevant Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 109 (1) and 36 of the Labor Standards Act that provide for the choice of a sentence, and the choice of imprisonment (it shall be taken into account that there are a number of previous crimes and the number of arrears is not small);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that serious reflects and partial damages have been recovered, in consideration of all the circumstances);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;