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(영문) 서울중앙지방법원 2018.01.18 2017고단6260
근로기준법위반등
Text

Nos. 1 and 2-2 of the judgment of the defendant

(b) 8 months of imprisonment with prison labor, No. 2-2 of the holding

(a) a fine for the crime 2,00.

Reasons

Punishment of the crime

On January 19, 2017, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for violating the Labor Standards Act at the Seoul Central District Court on January 19, 2017, and the said judgment became final and conclusive on the 27th of

The Defendant is a representative director of Gangnam-gu Seoul and C (hereinafter referred to as "C") Co., Ltd. (hereinafter referred to as "C") who runs software development business using nine full-time workers.

1. Violation of the Labor Standards Act;

(a) At least once a month, unpaid wages, such as a date of regular payment of wages, shall be paid directly to workers in currency, and such unpaid wages shall be paid at least once a month on a fixed date;

Nevertheless, the Defendant did not pay 80,395,680 won, including the monthly wage of 46,368,800 won between 2013 and 2016 of the workers D employed in the above workplace C, on the last day of each month, which is the date of the regular wage payment, as well as the total sum of 80,395,680 won for three workers (D, E, and F) as shown in attached Table 1.

(b) An employer who has retired from employment, such as wages, shall pay wages, compensations, and all other money or valuables within 14 days after the ground for such payment occurred.

Nevertheless, the Defendant did not pay each amount of KRW 42,521,520, total sum of wages of two workers (G and H) as shown in attached Table 2, as well as KRW 45,821,520, as in attached Table 2, including KRW 42,521,520, total sum of monthly wages between May 12, 2016 and October 21, 2016 of retired workers G from the said workplace, from the said workplace, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

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.

Nevertheless, the Defendant:

A. The retirement allowances of workers D, who were employed from June 10, 2010 to March 10, 2017 at the above workplace, shall be 16,967.

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