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(영문) 서울중앙지방법원 2015.06.25 2014고단7812
근로기준법위반등
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The defendant is the representative director of the D in Gwanak-gu in Seoul Special Metropolitan City, who runs the design and supervision service business using 40 full-time workers.

[2014 Highest 7812] The defendant works in the above workplace from November 17, 2010 to July 22, 2014

The retirement E’s wages of KRW 29,330,88 and retirement allowances of KRW 12,510,80,888 and KRW 41,840,888, including the total of KRW 10,204,285,474, total of KRW 140,590,162, and total of KRW 144,875,636, respectively, were not paid within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

[2015 Highest 2405] The Defendant was employed in the foregoing workplace on March 7, 2005 and worked on March 7, 2005, and did not pay wages of KRW 16,832,712 and retirement allowances of KRW 16,48,00 within 14 days from the date of retirement without any agreement on extension of the due date.

The Defendant, including this, did not pay the total of KRW 209,870,452, including the total of KRW 128,189,382, and retirement allowances of KRW 81,681,070, as stated in the attached list of crimes committed by the Defendant, within 14 days from the date of retirement, without agreement on extension of the due date with workers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. Application of the respective laws and regulations of G, H, I, J, K, L, M, N,O, E, P, Q, R, F, S, T, and U

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

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