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(영문) 서울서부지방법원 2017.07.12 2016고단452
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of "2016 Highest 452" is the user who has operated a game development business using 30 full-time workers as the representative of the second floor (ju) of the Mapo-gu Seoul Metropolitan E-building.

1. The Defendant in violation of the Labor Standards Act did not pay a total of KRW 4,773,275 to G retired from the said workplace from around February 10, 2012 to January 15, 2015, and did not pay KRW 219,295,734 to 24 workers, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 4,282,682 to G retirement pay to G retired from the said workplace from February 10, 2012 to January 15, 2015; and (b) did not pay KRW 102,98,785 in total to 19 employees, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

The defendant of "2016 Highest 744" is the user who is the representative of the second floor (ju) of the Mapo-gu Seoul Metropolitan E-building and has run a game development business by using 30 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant did not pay KRW 1,040,000 to retired workers H who worked in the said workplace from January 8, 2010 to July 17, 2015 as well as KRW 40,147,626 in total amount of wages, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, without agreement on the extension of the payment period between the parties.

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