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(영문) 서울중앙지방법원 2014.05.21 2014고정137
근로기준법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant’s status is the actual owner of “stock company C” with 40 full-time workers employed on the fourth floor of Seocho-gu Seoul Metropolitan Government, and operates the said company. The Defendant is the actual owner of “F” of the real owner of the real estate sales company with 40 full-time workers employed on the first floor of the Seoul Gangnam-gu D Building and the second floor of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government building with 40 full-time workers, and the said company is operated by the said company. The Defendant is the person who operates “G of the real estate sales company” with 60 full-time workers employed on the third and fourth floor of the Seoul Gangnam-gu building

2. The Defendant and H’s co-principal Defendant and H are working for the said joint principal offender C from September 6, 2012 to October 10, 2012.

A retired employee I’s total of KRW 1,155,913, including the wage of KRW 833,333, and the wage of KRW 322,580 on September 2012, 2012, did not pay KRW 1,155,913 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Defendant and H are working in the above C, such as the list of crimes (1) in attached Form C.

The total amount of wages and retirement allowances of 12,335,540 won shall not be paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Accordingly, the Defendant did not pay wages and retirement allowances to workers within 14 days from the date of retirement, in collusion with H, without any agreement on extension of the due date between the parties concerned.

3. The defendant's sole criminal conduct;

A. The Defendant is working in F Co., Ltd. F from May 23, 2012 to September 11, 2012.

A retired worker J’s total amount of wages of KRW 2,385,260,00 in August 2012 and KRW 385,260 in September 2012, did not pay 2,385,260 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The defendant in addition to this, and the attached list of crimes (2).

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