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(영문) 서울중앙지방법원 2013.04.10 2011고단7059
근로기준법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employer who operates E Co., Ltd. (hereinafter referred to as “E”), a real estate development executor in Gangnam-gu Seoul Metropolitan Government D.

The Defendant is working from around October 14, 2010 to around June 15, 2006 to September 30, 2010.

The annual salary of KRW 10,00,000 for the annual salary from February 2, 2008 to July 2008, and the annual salary of KRW 43,342,465 for the portion from August 2008 to September 2010 (=40,000 for annual salary of KRW 20,000,00 for annual salary of KRW 20,000 for the year salary of KRW 20,000 for the year salary of KRW 20,000 for the year salary of KRW 20,000 for the year salary of KRW 20,000,000 for the year salary of KRW 20,000 for the year salary of KRW 61,365 for the year salary of KRW 3,342,465 for the year salary of KRW 20,00 for the year salary of KRW 361,365 for the year

) As the monthly wage (hereinafter “monthly wage”), the monthly wage of 2,50,000 won for March 2009, the monthly wage of 1,000,000 won for June 2, 2009, and the monthly wage of 37,500,000 won for the period from July 2009 to September 2010 (i.e., x 15 months for 2,50,000 won) for retirement pay of 17,875,000 won for retirement allowance of 17,875,000 won [ = 50,000,000 won] (= 43/12,16/365) for 12,217, and 465 won for 14 days from the date of retirement without agreement between the parties concerned on the extension of the payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness F in the protocol of the second and fifth trial;

1. Application of Acts and subordinate statutes on employment contracts;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) (unpaid of retirement allowances)

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

1. Selection of imprisonment with prison labor chosen;

1. Although the amount of the money and valuables in arrears with the grounds for sentencing under Article 62(1) of the Criminal Act is small and the amount of the money and valuables in arrears with sentencing was punished for the same kind of crime, the Defendant, while on the other hand, caused the Defendant to commit a crime due to the bad financial standing due to the sale performance and the construction competition intrusion, which reflects in depth the error, and the Defendant reflects the above employee on March 15, 201, and the Defendant’s 15,000 won on April 7, 2011.

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