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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2019.09.25 2018고단5622
근로기준법위반등
Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

The Defendants are joint representatives of the Management Co-, Ltd., which have an office in the 7th floor of the Guro-gu Seoul Metropolitan Government AD building AE, Busan Metropolitan Government AF building, and 10 full-time employees who engage in software development business.

When a worker retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days thereafter, and shall pay the retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendants conspired in collusion with the aforementioned Busan branch office from July 16, 2012 to January 10, 2018, and did not pay the aggregate of KRW 82,500,012 of the wages of AG and retirement allowances of KRW 24,617,245, and the total of KRW 35,946,310 of the wages of AH from October 15, 2012 to December 20, 2016, and other expenses including KRW 13,197,430, retirement allowances of KRW 21,429,483, and KRW 16,766,686, and other expenses, and the retirement allowances of AH from August 16, 2013 to December 20, 2016 without agreement on the extension of the retirement allowances from the date of payment to the date of retirement.

The Defendants of the Guro-gu Seoul Metropolitan Government AD Building AE (Maing) and M& Co., Ltd. with the 7th floor of the Busan Suwon-gu AF Building (Additional District Office) are users who operate telecommunications development and sales business by making use of 30 regular workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendants conspired with the aforementioned Busan branch office from December 21, 2015 to May 31, 2018.

The retired AJ’s wages of KRW 41,50,000 and retirement allowances of KRW 9,573,550, and working from April 14, 2014 to January 31, 2018.

Wages of retired AK 39,66,661 won and retirement allowances of 8,686.

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