logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.11.07 2013고단311
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The defendant is a representative director of Seongdong-gu Seoul Metropolitan Government 10 to 11th floor, who is a service business and software development business using 40 full-time workers as the representative director of (main) and (main)D of the building in Seongdong-gu.

From September 6, 2010 to August 1, 2012, the Defendant is working in the said State (C)C.

The retirement E's total amount of wages and retirement allowances of 6,438,204 won and total amount of 3,200,058 won, including retirement allowances of 3,200,058 won and total amount of 9,876,242 won, as described in attached Table 1 and 4, did not pay wages and retirement allowances of 2 retired workers within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of E and F;

1. E’s written petition;

1. Application of Acts and subordinate statutes concerning the current status of each payment, the arrears of each individual, and telephone calls;

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

2. Abnormal concurrence, and the choice of a sentence, Articles 40 and 50 of the Criminal Act, and the choice of imprisonment.

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

4. The portion of dismissing the public prosecution under Article 62 (1) of the Criminal Act;

1. The summary of the facts charged is the representative director of Seongdong-gu Seoul Metropolitan Government 10 to 11th floor of building B, who ordinarily employs forty workers and operates service business and software development business.

The defendant shall work in the Dispute Resolution Co., Ltd and the Dispute Resolution Co., Ltd. as shown in attached Table 2, 3, 5, 6, 7, 8, 9.

Wages, retirement allowances, etc. for seven retired workers have not been paid within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

2. The above facts charged are crimes stipulated in Articles 109(1) and 36 of the Labor Standards Act and crimes stipulated in Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act.

arrow