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(영문) 서울남부지방법원 2017.12.12 2015고단4034
근로기준법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant 2015 group 4034 group is an employer who runs franchise establishment business using 7 full-time workers while operating E (ju) located on the second floor of the Yeongdeungpo-gu Seoul Metropolitan Government D Building, as well as Defendant C, which is the Defendant’s wife.

(a) An employer, such as non-delivery of a working contract, shall deliver to the worker a written document specifying wages, prescribed working hours, holidays, paid leaves, and other working conditions when concluding the working contract;

Nevertheless, the Defendant entered into a labor contract with F on August 18, 2014, and did not deliver a document stating wages, etc. to F.

(b) Where a worker dies or retires, an employer unpaid wages shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the due date for payment.

Nevertheless, the Defendant did not pay KRW 3,600,000,000 of unpaid wages to F retired from the said workplace from August 18, 2014 to September 24, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date, as shown in the list of crimes in the attached Table, and did not pay KRW 27,026,628, total amount of unpaid wages to three workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

(c)

Where an employee dies or retires, the unpaid employer of a retirement allowance shall pay the retirement allowance within 14 days from the date on which the grounds for payment occurred, unless the parties have agreed to extend the payment deadline.

Nevertheless, the defendant did not pay 10,073,570 won of the unpaid retirement allowance to G that retired from the above workplace from May 9, 2009 to April 30, 2014 within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Defendant 5093, the upper end of 2016, is 2015.

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