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Reasons
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(영문) 서울중앙지방법원 2013.04.04 2012고단2107
근로기준법위반
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A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who employs 200 regular workers on the third floor of Seocho-gu Seoul Metropolitan Government, and operates D Co., Ltd.

1. The Defendant is an employee of the foregoing D from July 2, 2010 to October 31, 2010.

The wages of 469,500 won paid in October 2010 among retired workers E, was not paid within 14 days from the date on which the grounds for the payment occurred without an agreement on the extension of the due date between the parties concerned, and did not pay the total amount of 469,50 won as stated in attached Table 1 (No. 10, 11, 26, 29, 29, 30, 32, 34, 36, 37, 43, 46, 54, 57, 56, 66, 69, 74, 84, 86, 86, 96, 102, 103, 110, 127, 129, 132, 134, 136, 137, 14, 14, 152, 147, 197).

2. The Defendant is an employee of the foregoing D from September 15, 2010 to February 28, 2011.

The wage and retirement allowance of 18,411,208 of the retired worker F was not paid within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date for payment between the parties concerned in February 2011, and the total amount of 18,411,208 of wages and retirement allowances for 4 retired workers, as shown in the attached Table 2 (except the Nos. 1, 3, 6, and 8 with the cancellation of the prosecution) was not paid within 14 days from the date on which the cause for the payment occurred without any agreement on extension between the parties concerned.

Summary of Evidence

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

1. Each police statement on G, H, I, J, K, L, M, N, P, Q, Q, R, T, U, V, W, X, Y, Z, AB;

1. Each petition of AC, AD, N, AE, AF, AG, AH, AI, AJ, AK, AL, F, AM, and X;

1.W, AO, AP, AP, AR, AS, AS, AS, AV, AX, AY, AZ, BA, BB, BD, BE, BF, BG, BH, BJ, BJ, BJ, BK, BY, BM, BM, BM, BM, BN, BP, BP, BS, BS, BU, BV, BV, BV, BB, BY, BY, BY, BY, BY, CY, CY, CB, CB, CB,CC, CF, CJ, CJ, CM

1.Each.

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