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(영문) 서울중앙지방법원 2016.09.08 2015고정4056
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a user who employs 45 full-time workers and engages in Internet education service business as the representative director of corporation C in Gangnam-gu Seoul Metropolitan Government.

The Defendant worked in the said workplace from November 14, 2006 to January 17, 2014, and worked in the workplace as retirement pay 9,944,756 won of retired workers D, and the total amount of wages of retired workers E from office from March 16, 2015 to July 3, 2015, and did not pay 4,070,630 won within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. The written petition and written statement of the D or E;

1. Application of the Acts and subordinate statutes on details of calculation of retirement allowances and details of benefits;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, Article 109(1) and Article 36 of the Act on the Selection of Punishment, etc. (E) of the Act on the Guarantee of Workers' Retirement Benefits, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (see, e.g., motive and circumstance of the instant case, the fact that the Defendant paid eight workers wages and retirement allowances after prosecution, and that each agreement has been reached on the payment of wages and retirement allowances to workers E and D, etc.)

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