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(영문) 서울남부지방법원 2017.06.30 2016고단3544

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

Workers C, D, E, F, G, and H (Attached Crime List 1.0

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to eight years of imprisonment for fraud, etc. at the Seoul Southern District Court on September 2, 2016, and the said judgment became final and conclusive on May 11, 2017.

"2016 Highest 3544"

1. The defendant is a representative director of AC (ju) which has the head office in the Guro-gu Seoul Metropolitan Government AB building 501, and is an employer of Gyeyang-gu Incheon Gyeyang-gu who operates the service business (such as fixed seasons, etc.) using ten full-time workers with the light office in AD.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant, as well as the 3,977,727 won of AE, retired from office from February 12, 2015 to July 31, 2015, did not pay 13,418,196 won in total, including three retired workers’ wages and retirement allowances, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline, as shown in attached Table 1, 6,8, and 9.

"2016 Highest 3673"

2. The Defendant is the representative director AC in Guro-gu Seoul Metropolitan Government, who runs the repair business, etc. of home appliances.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay the wages, allowances, retirement allowances, and total amount of KRW 18,786,747 for three workers within 14 days from the date of retirement, as well as KRW 4,178,450 of the AF’s retirement wages, which were retired from the said workplace from September 1, 2013 to August 31, 2015, as well as KRW 21,2,450, in the attached list of crimes committed.