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(영문) 서울중앙지방법원 2016.10.26 2015고단4828
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 of the Gangnam-gu Seoul E-building 41st century is a person who engages in manufacturing business while operating the main F in the 41st floor of the building in Gangnam-gu.

From November 20, 2012 to January 12, 2015, the Defendant: (a) served as a manager in the foregoing company from around November 20, 2012 to around January 2, 2015; (b) paid the total of KRW 15,643,460 in G wages of retired workers; (c) retirement allowances of KRW 6,84,036 in total; and (d) paid KRW 22,487,496 in total; and (e) from around March 25, 2013 to January 12, 2015 in total of KRW 12,507,730 in retirement allowances; and (e) paid KRW 17,514,317 in total, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

Accordingly, the Defendant did not pay the total amount of KRW 40,001,813 to two employees of the above company within 14 days from the date of retirement.

The Defendant of the Gangnam-gu Seoul E-building 41st century is a person who engages in manufacturing business while operating the main F in the 41st floor of the building in Gangnam-gu.

The Defendant, from May 23, 201 to January 13, 2015, worked as the principal officer of the personnel and general affairs management headquarters in the foregoing company and did not pay the total of KRW 13,258,170 of the employee I’s wages, retirement allowances of KRW 9,02,396 of the retirement allowances, and KRW 22,280,56 of the retirement allowances within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

In addition, the Defendant did not pay the total amount of KRW 49,748,297 to five employees of the above company within 14 days from the date of retirement as stated in the attached list of crimes (1).

The defendant of Gangnam-gu Seoul E-building 41 is the employer who is engaged in the manufacturing business after employing eight full-time workers as the representative director of F Co., Ltd. in the 41st floor of Gangnam-gu.

The Defendant, from December 2, 2009 to January 12, 2015, served as a vice-head in charge of purchase at the pertinent workplace, and did not pay the employee J’s wages of KRW 17,593,450 and retirement allowances of KRW 12,73,03,030 as shown in the attached list of crimes.

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