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(영문) 수원지방법원 2012.11.28 2012고단3414

근로기준법위반

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

[Criminal Power (latter concurrent Crimes of Article 37 of the Criminal Act) The defendant was sentenced to a suspension of the execution of six months of imprisonment with prison labor by the Suwon District Court on December 24, 2010 and the judgment becomes final and conclusive on January 4, 2011. On March 21, 2012, the defendant was sentenced to a suspension of the execution of six months of imprisonment with prison labor by the same court on March 21, 2012.

3. 29. The judgment became final and conclusive.

[2012 Highest 3414] The Defendant is the actual manager of Company B, C, D, E, E, and F, who runs the real estate sales agency using ten full-time workers.

The Defendant is working at the above corporation B, C, D, E, and F’s business place located in Yeongdeungpo-gu Seoul Metropolitan Government G building 1009 and 1010 around June 25, 2009, and from December 5, 2007 to June 9, 2009.

As well as that H’s total sum of 39,778,204 won, such as wages, annual-end refund, bonus, retirement allowance, etc. of April 2008, including wages of KRW 2,692,020,00, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The total amount of money and valuables for four retired workers was not paid KRW 188,521,453 within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

[2012 Highest 3531] The defendant is the actual manager of the above corporation B, C, D, E, E, and F, who runs the real estate sales agency using ten full-time workers.

The Defendant, from April 6, 2006 to September 30, 2008, worked in the said workplace and retired from the said workplace, without any extension agreement between the parties on the date of payment, as stated in the detailed statement of individual delinquent money and valuables in attached Form 30,267,150 won, including the wage of KRW 1,175,730, Nov. 1, 2007, as well as the bonus of KRW 30,267,150.

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