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(영문) 서울중앙지방법원 2015.09.10 2015고단1190
근로기준법위반등
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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant of Gangnam-gu Seoul is a user who has engaged in food business as the representative director of F Co., Ltd. in Gangnam-gu.

1. The Defendant had worked in the above company from July 25, 2013 to around April 15, 2014, and had not paid KRW 4,186,020, total amount of G wages of retired workers around April 15, 2014, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the payment due date, and did not pay KRW 10,236,70, total amount of wages of 17 workers and three retirement allowances of 10,50,000, total amount of wages of 17 workers and three retirement allowances of 10,236,700 from the date of the occurrence of the cause for payment without any agreement on extension of the payment due date.

2. When an employer intends to dismiss a worker, he/she shall give the advance notice of dismissal at least 30 days, and where he/she has not given such advance notice by 30 days, he/she shall pay the ordinary wages for not less than 30 days.

On April 29, 2014, the Defendant dismissed workers H, and did not pay KRW 1,519,600,000 as ordinary wages for 30 days.

The Defendant is the user engaged in food business as the representative director of the F Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government E.

The Defendant, from March 1, 2014 to around February 15, 2015, did not pay 6,600,000 won in total to employees I retired from office as well as 45,297,250 won in total of 10 employees as stated in the attached crime list (2) in addition to the fact that he/she worked in the above company within 14 days from the date of the occurrence of the cause for payment, without any agreement on extension of the due date for payment.

Summary of Evidence

[2015 Highest 1190]

1. Defendant's legal statement;

1. Statement of the police statement to H, J, and K;

1. Each petition of L, M, N, G,O, P, Q, R, M, T, U, C,V, W, and X [2015No341];

1. Defendant's legal statement;

1. Each petition of the I,Y, Z, AA, AB, AC, AD, AE, AF, and AG.

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