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(영문) 서울남부지방법원 2013.11.29 2012고단4539
근로기준법위반등
Text

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

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

(e).

Reasons

Punishment of the crime

The defendant is a user who employs 40 full-time workers in AA located on the 1st floor of Yeongdeungpo-gu Seoul Metropolitan Government and operates the architectural design business.

[Attachment 2012 Highest 4539] The Defendant did not pay KRW 2,448,274 as well as KRW 13,619,10 from December 1, 2011 to February 14, 2012 to KRW 65,671,213 as the total amount of wages, etc. and retirement allowances for nine workers working at the same place of business as the list of crimes in the attached Table (excluding KRW 133,619,109, which was dismissed from the order) without agreement between the parties on the extension of the due date.

The Defendant, “2013 Highest 2056” from January 24, 2011 to June 4, 2012, the Defendant did not pay KRW 15,308,537, as well as KRW 6,152,922 to workers AC’ wage at the same workplace and KRW 83,980,563, including KRW 83,963,00,00,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of AB, AD, AE, AF, AG, AH, AI, AJ, AK, AC, AL, and AM;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Of the facts charged in the instant case, the Defendant’s rejection of the prosecution under Article 62-2 of the Social Service Order Criminal Act regarding the payment of money and valuables to workers E, F, G, H, I, J (N prior to the opening of the name), K, L, M, M, N, P, Q, Q, R, T, U,V, V, W, X, X, and Y, without any specific agreement within 14 days from the date of the retirement.

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