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(영문) 서울중앙지방법원 2012.10.18 2012고단1715
근로기준법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On July 5, 2012, the defendant was sentenced by the Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the judgment

9. It is confirmed on 13.13. It is an employer who has been engaged in the manufacturing of the access control system by ordinarily employing 30 workers under the trade name of “(main)D” in Guro-gu Seoul Metropolitan Government C Building 1202.

1. Unpaid wages, etc. for retired workers;

A. The Defendant is working for the said company from December 15, 2010 to August 12, 2011.

In addition to the failure to pay KRW 10,094,492 for retired workers E's wages and year-end settlement refund, the sum of KRW 232,498,574, including wages, retirement allowances, and year-end settlement refund for 26 retired workers, was not paid within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date.

B. The Defendant is working for the said company from September 7, 2009 to May 27, 2011.

The amount of 74,752,997 won in total, including wages and retirement allowances, for 12 retired workers, was not paid within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date, as shown in the attached Table of Crimes (D), including the payment of 11,958,500 won in wages and retirement allowances for retired workers.

2. An employer who fails to pay wages on a regular payment date shall directly pay workers wages in currency at least once a month on a fixed date;

Nevertheless, the Defendant, from January 21, 201, did not pay KRW 6,346,15 on the 25th day of each month, each of the 25th day of the regular payment of wages, including the total of KRW 2,115,385, and KRW 2,115,385, and the total of KRW 2,115,385, and KRW 6,346,155, who worked as a special military personnel at the development team of the said company from January 21, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of H by the prosecution;

1. Each of the defendants, I, J, and K.

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