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(영문) 서울서부지방법원 2019.09.05 2019고단118
근로자퇴직급여보장법위반등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant, as the S representative director of Yongsan-gu Seoul Metropolitan Government R, is a full-time worker with 100 full-time workers, who runs a family and the written test sports business.

Notwithstanding the fact that an employer shall pay all money and other valuables and retirement allowances, including wages, within 14 days from the date of retirement unless agreed by the parties concerned, the Defendant did not pay the total amount of KRW 2,920,00 in May 10 through May 31, 2016 and KRW 1-13,920,17, 19-26, 28-39, 41, 42, 44, 45, 47-50, 52-56, 58, 59, 61-64, 66-70, 73, 75-79, 81-94, 89-6, 97, 97, 198-16, 197, 196-1, 197, and 52-56, 56, 59, 61-64, 70, 75-79, 198

The Defendant, as S representative director of Yongsan-gu Seoul Metropolitan Government R, is a full-time worker of 100 full-time workers, who runs a family and the written test sports business.

Notwithstanding the fact that an employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement unless agreed by the parties concerned, if a worker retires, the Defendant did not pay 1,464,215 won in October 16, 2017 to U who worked for the said company from June 16, 2014 to January 31, 2018, and 3,272,50 won in December 2017, including wages of 4,428,067 won in January 2018, and 11,167,77,717 won in total as well as wages of 9,14 days from the date of retirement without mutual agreement between the parties concerned.

Summary of Evidence

"2019 Highest 118"

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement against V, W, X,Y, M, Z, and AA;

1. Each petition, statement on delayed payment of wages, written statement and written complaint;

1. A written calculation of retirement allowances, details of passbook transactions, employment insurance tax investigation, corporate register, and other relevant matters; and

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