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(영문) 서울중앙지방법원 2016.10.06 2016고단5061
근로기준법위반
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant in violation of the Labor Standards Act related to B is a representative director of Gangnam-gu Seoul building and B in the second floor, who ordinarily employs six workers and operates financial business, etc.

The Defendant paid KRW 2,380,948, in total, KRW 2,380,948 of the bonus of February through May 5, 2015 to his/her retired workers D while working in the said company from February 1, 2015 to May 31, 2015, within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay KRW 7,142,852 in total for four employees of the company as stated in the attached list of crimes (1) within 14 days from the date of retirement.

2. The Defendant in violation of the Labor Standards Act is the employer who has run the financial business, etc. using 7 full time workers as the representative director of Gangnam-gu Seoul Building and E in the second floor.

The Defendant did not pay 12,94,785 won in total as wages and bonuses of retired workers D while working in the company from June 1, 2015 to December 31, 2015, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment date.

In addition, the Defendant did not pay the total of 45,181,277 won of wages and bonuses to the six employees of the company as stated in the attached list of crimes (2) within 14 days from the date of retirement.

3. The Defendant in violation of the Labor Standards Act related to F Co., Ltd. is the employer who ordinarily employs six workers as the representative director of Gangnam-gu Seoul building and F Co., Ltd. with the second floor.

The Defendant did not pay 1,880,069 won in total of wages and bonuses of retired workers while working in the company from July 1, 2015 to December 31, 2015, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment date.

The defendant.

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