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(영문) 서울중앙지방법원 2014.02.19 2012고단3426

근로기준법위반

Text

As to the first crime of [2012 Highest 3426] and the first crime of [2013 Highest 7004] of the judgment of the defendant, one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On December 28, 2010, the Defendant was sentenced to a suspended sentence of two years on January 5, 201 by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement) at the Seoul Central District Court on December 28, 201.

[2012 Highest 3426] The defendant is the representative director of E Co., Ltd. in Seongbuk-gu Seoul Metropolitan Government D, who employs 20 regular workers and engages in oil sales business.

1. From September 22, 2003 to November 30, 2010, the Defendant did not pay an amount equivalent to KRW 37,779,717, including the amount of wages of 13,321,480 won for retired workers F, retirement allowance of 19,381,682 won, annual monthly allowances of 5,076,55 won, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. The Defendant worked for the pertinent company from September 13, 1981 to February 29, 2012, and did not pay an amount equivalent to KRW 106,12,01, totaling KRW 106,12,011, including KRW 2,309,00 in August 201, and retirement allowances, KRW 57,464,114 in February 201 to February 201, and annual monthly allowances, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

In addition, the Defendant did not pay an amount equivalent to the total of KRW 498,717,113 of wages, etc. for eight retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as stated in the attached list of crimes.

[2013 Highest 2686] The defendant is the representative of E Co., Ltd. in Seongbuk-gu Seoul Metropolitan Government D, who runs a gas supply business using five regular workers.

The defendant has worked in the above company from June 12, 200 to July 31, 2012.

As well as 1,564,00 won paid in April 2010 by retired workers and 67,031,853 won in total, including 47,264,229 won in total and 19,767,624 won in retirement allowances of the above H, without any agreement between the parties on the extension of the due date.