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(영문) 서울중앙지방법원 2013.07.11 2012고단4002

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant, from the end of December 2009 to May 18, 2012, is an employer who employs 185 full-time workers as the representative director of the FF corporation having its head office in Gangnam-gu Seoul and a factory in Pyeongtaek-si E, and is engaged in the business of manufacturing and selling cosmetics by employing 185 full-time workers.

[2012 Highest 4002] The Defendant did not pay an amount equivalent to KRW 25,347,309, in total, of wages and retirement allowances, etc. on January 201, 201, to G retired from the said company from March 15, 201 to September 30, 201, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

The Defendant, including this, did not pay the total amount of KRW 65,185,108 to four workers, including the wages, etc., within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date, as set out in the table of crimes (1) Nos. 1, 2, 3, and 6.

[2013 Highest 3037]

1. The Defendant, including wages and retirement allowances, with respect to retired workers, shall work at the said head office from December 4, 2008 to December 31, 201.

A retired employee’s wage of September 201, including KRW 979,262, as well as KRW 635,982,830 in total for 74 employees retired and paid KRW 6,387,902 in total for 47 employees, as shown in the attached Table of Crimes (2), and KRW 1,026,792 in total for 390,809,742 in total for 47 employees, as described in the attached Table of Crimes (2), did not pay KRW 14 days after the cause for the payment occurred without any agreement on extension of the due date between the parties.

2. The Defendant, on December 5, 201, did not pay 38,234,194 won in total on the regular payment date for three workers, as shown in the attached list of crimes (3) as well as paying 442,815 won to the victim I, who is an employee of the above company, at the above factory, on November 201, who is an employee of the above company.

Summary of Evidence

[2012 Highest 4002]

1. The first protocol of trial: