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(영문) 서울중앙지방법원 2017.10.26 2017고단4834
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was in Gangnam-gu Seoul, 6, and 8;

D The actual operator of D runs the health business ( dental clinic) using 20 full-time workers, and is the representative director of Gangnam-gu Seoul Metropolitan Government E and 4 (ju) who was on the fourth floor and operated the hospital's equipment Do, retail business, and hospital advertising consulting business using six full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Defendant: (a) worked between September 7, 2013 and December 7, 2016 in the foregoing D; (b) on December 1, 2016, G retired from office, the total of KRW 44,452,470, including KRW 630,00, and the total of KRW 17,00,00,000, including KRW 17,000,000,000; and (c) on August 18, 2016, through December 8, 2016, the Defendant did not pay KRW 1,170,450, and KRW 450,00,000,000 from February 1, 2016 to December 8, 2016, and did not pay KRW 40,000,000,000,000,000 within each due date without agreement on retirement from office.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

The Defendant, as well as G retirement allowance of KRW 3,673,745, who retired while working in the above D from September 7, 2013 to December 7, 2016, did not pay KRW 27,649,058, including the retirement allowance of KRW 3,673,745, who retired from office, within 14 days from the date of retirement, without any agreement on the extension of payment deadline between the parties, as in the list of crimes in the attached Form (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G, J, K, L, M, and N;

1. Each written statement ofO, P, Q and R;

1. Application of Acts and subordinate statutes on data about deposits into each, average wages, and retirement allowances, details of deposits into each benefit account, and inquiries into history of employment insurance;

1. The relevant Act on Labor Standards for Criminal Facts;

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