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(영문) 서울중앙지방법원 2019.08.20 2018고단4866

근로기준법위반등

Text

A defendant shall be punished by imprisonment for four 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 the representative director of Gangnam-gu Seoul Metropolitan Government 2nd floor (ju), who is a user who runs a travel business using 20 regular workers.

From November 15, 2012 to May 2016, the Defendant, while serving in the said company as of May 31, 2016, did not pay total of KRW 67,010,612, including KRW 2,500,000 of wages and retirement allowances of KRW 56,50,000 as indicated in the crime list, and KRW 67,010,612, as indicated in the following crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

On April 1, 2014, 2014. 3, 2014, on April 5, 2014, 2014, on June 6, 2014, 00: 000; 0. 000 00 00 00 00 00 00 00 00 00 0,500 00 3,000 00 3,000 6,000 3,000 15,000 3,000 ; 15,00 3,000 ;

1. Legal statement of witness D;

1. Statement made by witnesses E in the second protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the substitute part);

1. The police statement of E and D;

1. Information about wages verification, etc., copies of financial transactions with the principal, details of deposits, and company-related data;

1. Court rulings (Evidence Nos. 4) and recording notes;

1. Application of statutes, such as e-mail output;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

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

1. Imprisonment with prison labor chosen;