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(영문) 서울남부지방법원 2014.08.28 2014고단630
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.

(e).

Reasons

Punishment of the crime

[2014 Highest 630] The Defendant is the representative of Co., Ltd., Ltd., as the representative of Geumcheon-gu Seoul Metropolitan Government DD Building A, who employs 30 full-time workers and engages in software development and supply business. In the event a worker dies or retires, the Defendant did not pay wages, compensations, retirement allowances, and all other money and valuables within 14 days from the date of the occurrence of the cause for such payment, but did not pay wages, retirement allowances, etc. of workers within 14 days from the date of retirement without an agreement on the extension of the due date, as described in 1/4 of attached Table 1 of the crime

(A) Of the facts charged in the instant case, the part concerning workers listed in the [Attachment 1] No. 5 is dismissed as public prosecution is revoked. [Attachment 2014 high group 1637] The Defendant, as the representative of the Co., Ltd., did not pay wages, retirement allowances, etc. of workers within 14 days from the date of retirement without agreement on extension of the payment deadline as stated in the [Attachment 2] No. 1, 3, and 4.

Summary of Evidence

[2014 Highest 630]

1. Defendant's legal statement;

1. Each statement of F, G, H, and I;

1. Details of confirmation of telephone, etc.;

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of J, K and L;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In the case of some workers with reasons for sentencing under Article 62(1) of the Criminal Act, the punishment is determined as ordered by considering the amount of the money in arrears, the number of damaged workers, the period of delay, etc. The summary of the facts charged in this part of the dismissal of prosecution is the defendant.

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