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(영문) 서울서부지방법원 2015.10.16 2014고단2855
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a third representative director of a corporation with the fourth floor of Mapo-gu Seoul Metropolitan Government, who runs a retail business with 25 full-time workers.

[2014 Highest 2855] The Defendant did not pay the amount of KRW 4,681,150 and retirement pay of KRW 4,602,170 of his retired employee D's wages from the above workplace from January 18, 201 to April 5, 2014, within 14 days from the date of the retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date, and did not pay them within 14 days from the date of the occurrence of the cause for payment, as indicated in the attached list of crimes in the attached list of crimes. The Defendant did not pay the total amount of KRW 43,728,796 and retirement pay of KRW 11,616,210 to 25 workers, as stated in the attached list of crimes.

[2015 Highest 1378]

1. Violation of the Labor Standards Act;

A. From August 28, 2013 to September 5, 2014, the Defendant worked at the place of business of the pertinent company (Yansan Eblue No. 25 Ddong No. 25) and did not pay 3,570,000 won (wages 2,910,000 won in August 2014, and wages 660,000 won in September 2014) to retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

B. From May 20, 2013 to October 6, 2014, the Defendant worked at the place of business of the pertinent company (Sdong 5-dong G Building in Seongbuk-gu, Sungnam-si) and did not pay workers H wage of KRW 2,860,000 (wages 1,430,000 in August 2014, and wage of KRW 1,430,00 in September 2014), and the said place of business to pay workers I wage of KRW 2,860,00 in retirement from September 30, 2013 to October 6, 2014, without agreement between the parties to retirement within 14 days from September 30, 2013 and 2,860,000 in which workers I retired while having agreed on the extension of the payment period (the wage of KRW 1,430,00 in August 20, 2014, wage of KRW 30,000).

2. Violation of the Guarantee of Workers' Retirement Benefits Act;

A. The defendant 1-A

The date of payment of the F retirement allowance of the employee retired while serving as described in the paragraph shall be the date of payment between the parties concerned.

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