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(영문) 서울서부지방법원 2017.07.25 2016고단2548
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four 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.

(e).

Reasons

Punishment of the crime

The defendant of "2016 Highest 2548" is a full-time employee who is the representative director of Mapo-gu Seoul Metropolitan Government I 3rd floor (ju)J, and has operated a service business by using 40 full-time workers.

The Defendant, as well as 14,50,000 won in total of wages and allowances to four workers, as shown in the attached Table of Crimes (1) as well as 48,676,790 won in total and 6,682,090 won in retirement allowances for four workers, was not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline between the parties concerned.

The defendant of "2017 Highest 674" is an employer who has operated the food manufacturing business, etc. by using 13 full-time workers as the representative director of JJ in the wife population L Co., Ltd. located in Young-si.

Defendant 1 worked in the said workplace from March 2, 2015 to December 17, 2015, but did not pay the total of KRW 4,280,970 to retired workers M within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

The defendant of "2017 Highest 866" is an employer who runs the wholesale and retail business using four full-time workers as the representative director of Mapo-gu Seoul Metropolitan Government I (State) JJ in Mapo-gu.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 11,761,870, total amount of KRW 2,500,000 for the wages of November 2015 to December 2015 to March 31, 2015, as well as KRW 11,50,000 for each of the parties’ retirement wages from March 2015 to March 2016, without any agreement on extension of the payment date between the parties concerned.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 2,640,912 of the retirement allowances of retired workers at the said workplace within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned, while working in the said workplace from March 16, 2015 to March 31, 2016.

Summary of Evidence

"2016 Highest 2548"

1. Statement by the defendant in court;

1. Each written appeal and written statement;

1. Delayed payment of wages and.

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