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(영문) 서울중앙지방법원 2021.03.10 2020고단8431
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., which is in the first floor of the building underground in Gangnam-gu, and is a user engaged in the business of developing a screen golf program by using four full-time workers.

The Defendant did not pay the total amount of KRW 9,00,000 and retirement allowances of KRW 3,950,624, and the total amount of wages of KRW 18,750,000 and retirement allowances of KRW 8,704,651, and retirement allowances of KRW 8,258,00 from November 1, 2018 to February 29, 2020, within 14 days from the date on which the grounds for payment occurred without an agreement on extension of payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective Acts and subordinate statutes of D, E, and F;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that the defendant has no previous record of the same kind and is against the confession of each of the crimes in this case, and that all of the unpaid wages and retirement allowances have been paid to the victimized workers);

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