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(영문) 서울중앙지방법원 2015.01.27 2014고단4220
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[2014 Highest 4220] The Defendant is a user who operates a company called a limited company D in the 11st floor of Jongno-gu Seoul Metropolitan Government C building and engages in real estate leasing business.

When a worker retires, the employer shall pay all the money and valuables, such as wages and retirement allowances, within 14 days from the date when the cause for such payment occurred.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 21,229,120 of the wages of the employee E retired from office on April 11, 2014, and did not pay KRW 34,18,150 of the total amount of wages of two workers (if, according to the following evidence, the name of the employee No. 7 once a year is “F” is a clerical error, it shall be corrected accordingly) as shown in the attached crime list, as shown in the attached list of crimes.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 9,587,738 of the retirement allowances of G retired workers on or around December 31, 2013, and did not pay KRW 151,93,161 of the total amount of the retirement allowances of 7 employees (the name of the employee No. 7 once a year, based on the following evidence, is a clerical error, and thus corrected as such) as indicated in the attached list of crimes, as shown in the attached list of crimes.

[2014 Highest 6845] The Defendant, from May 4, 2004, entered into a check contract in the name of three branches of the National Bank B and a limited company D, the Defendant is represented by, and entered into a check contract in the name of a limited company.

On September 13, 2011, the Defendant issued one check number “I”, “250,00,000 won”, and the date of issuance “20,000,000” in the Defendant’s book located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and issued one copy of the check number per bank in the name of the said limited company and presented the check to the above-mentioned U.S. branch office of the Bank on March 25, 2014 during the period of presentment for payment by the holder, but did not receive the shortage of deposit.

[2014 Highest 6928] The defendant is a branch office of the national bank Eul-ro from May 4, 2004 and the defendant.

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