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(영문) 서울서부지방법원 2014.01.23 2013고단1961
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 user who operates a software development company using 25 full-time workers in the name of (ju) C from 5 Seoul Mapo-gu Seoul Metropolitan Government .

1. The Defendant in violation of the Labor Standards Act is working in the above company as shown in the list of crimes (1) in attached Form, including that the Defendant did not pay KRW 1,448,726 of the wages of October 2012, 2012, which was employed in the above company from October 26, 2010 to October 31, 2012, within 14 days from the date of occurrence of the cause without agreement between the parties on the extension of the due date.

Unless the parties have agreed on the extension of the due date for payment between the two retired workers, the total amount of 64,853,951 won, including wages, shall not be paid within 14 days from the date of occurrence of such cause.

2. A defendant who violates the Guarantee of Workers' Retirement Benefits Act shall work for the above company from December 3, 2007 to March 25, 2013.

A retired worker E's retirement allowance of KRW 9,926,938 was not paid within 14 days from the date of occurrence of the cause without an agreement between the parties on the extension of the due date for payment, and was not paid within 14 days from the date of occurrence of the cause, as shown in the Schedule of Crimes (2) of the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. A petition, such as E;

1. The police statement of E, etc.;

1. Application of Acts and subordinate statutes to a personal account statement, such as a detailed statement of unpaid annual salary, annual salary employment contract, prize ledger, and detailed statement;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The sum of the unpaid wages, etc. of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act (the grounds of sentencing as follows) reaches 87 million won.

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