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(영문) 서울중앙지방법원 2012.11.15 2012고단1416
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

The defendant is the employer who runs real estate sales business using 70 full-time workers under the trade name of C.

The defendant of Gangnam-gu Seoul Metropolitan Government C workplace shall work from July 1, 2010 to November 27, 2011.

The total amount of wages and retirement allowances of 4,611,00 won for retired D was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, and the total amount of 32,901,998 won, such as wages, sales allowances, retirement allowances, etc. for 10 retired workers, as shown in Appendix I, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

The defendant of "2012 Highest 2784" shall work at the above C's place of business, and shall work from November 22, 201 to December 5 of the same year.

The retired E’s wage of KRW 987,095 was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, and the total of KRW 34,620,815, including the wages of KRW 28 of the retirement workers of the above C, as shown in Appendix II, did not pay each of them within 14 days from the date of retirement without any agreement on the extension of the due date

The defendant of "2012 Highest 5239" shall work at the above C's place of business, and shall work from June 10, 201 to August 31, 201.

The retired F's wage of KRW 476,00 was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, and the total of KRW 81,685,383, such as wages of 37 retired workers, was not paid within 14 days from the date of retirement as stated in the attached Table III (except No. 3 G), as well as the attached Table III (No. 3 G).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes to each written appeal, each written statement and written statement which is filed by the complainant;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

1. The Criminal Act among concurrent crimes.

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