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(영문) 서울중앙지방법원 2016.09.26 2014고단7185
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2016, the Defendant was sentenced to a suspended sentence of three years for a violation of the Financial Investment Services and Capital Markets Act by the Seoul High Court on January 15, 2016; the Defendant was sentenced to a suspended sentence of three years for two years and six months; the said judgment was finalized on June 28, 2016; and the Defendant was a representative director of the FF Company in Gangnam-gu Seoul High Court

1. G’s wage and retirement allowance-related (2014 high group 7185) H, I, J, and K: April 11, 2016 for K; and revocation of each public prosecution and dismissal of each public prosecution as of August 22, 2016 for L;

A. The Defendant had worked in the company from March 1, 2010 to March 24, 2014, and had not paid the total of KRW 4,631,390 and retirement allowances of KRW 5,592,439, as well as KRW 4,631,39, and KRW 5,592,439 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of payment period with G.

2. Revocation of public prosecution or rejection of public prosecution by a person on April 11, 2016 for M and two other persons related to wages and retirement allowances (2014 high group 9820);

A. A. The Defendant in violation of the Labor Standards Act was working in the said F from December 30, 2013 to June 30, 2014, and did not pay KRW 59,603,739,223, the total amount of KRW 24,130,49, and KRW 24,130,49, and KRW 59,60,739, and KRW 7,559,223, the monthly wage of May, 2014, and the monthly wage of June 9,012, and KRW 24,130,739, as stated in the [Attachment] No. 1 to 3 of the details of the money and valuables in arrears in the attached Form, and was working in the said F, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

B. The Defendant who violated the Workers’ Retirement Benefit Security Act did not pay KRW 6,825,292 from February 16, 2004 to June 30, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

[2014 Highest 7185]

1. Statement of the accused in the first trial record;

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