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(영문) 서울중앙지방법원 2015.01.08 2014고단988
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six 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 the representative of Jung-gu, Seoul and the first underground floor C, who is a user who employs seven full-time workers and operates a printing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

[2014 Highest98]

1. The Defendant did not pay KRW 6,263,99 of the wages of workers D who retired while working in the above workplace from March 23, 2011 to June 20, 2013 at the above workplace, and did not pay KRW 30,627,503 of the total wages for six workers, as shown in the attached Table 1 of Crimes List 1, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The Defendant did not pay KRW 5,594,500 of retirement allowances of retired workers D while working in the above workplace from March 23, 2011 to June 20, 2013, and did not pay KRW 26,081,930 in total for four employees, as shown in the attached Table 2 of the Crimes List of Crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

[2014 Highest 7585] The Defendant worked in the said workplace from May 7, 2012 to August 9, 2013, and did not pay the retired worker E wages of KRW 1,20,00,000 on July 7, 2013, wages of KRW 537,096 and retirement allowances of KRW 2,285,70 on August 2013, and wages of KRW 1,00,000,000 on June 6, 2013, of the retired worker F while working in the said workplace from August 1, 2009 to July 6, 2013, and did not pay KRW 483,871 and retirement allowances of KRW 9,706,610 on July 7, 2013, KRW 15,213,347 within 14 days without agreement between the parties to the payment.

Summary of Evidence

[2014 Highest98]

1. Defendant's legal statement;

1. Statement prepared by each special judicial police officer with respect to G and H;

1. The written statements in I, J, K, and D (each written statement of K and D is in the form of a written statement, and the summary of the evidence is written in the summary of the evidence) shall be recorded as a written statement.

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