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(영문) 서울중앙지방법원 2013.07.30 2013고단303
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The defendant of the Gangnam-gu Seoul Metropolitan Government 35 regular workers is a person who operates online game development business (ju)D by employing 35 regular workers on the fifth floor of the Gangnam-gu Seoul Metropolitan Government 303.

1. The Defendant violating the Labor Standards Act is working for the said company from January 17, 201 to October 19, 2012.

On Nov. 201, 201, retired workers E, including 1,676,700 won of wages, H, and I’s portion were revoked on June 20, 201, and thus dismissed on the same day.

As stated above, the total amount of KRW 58,312,176, including eight workers' wages and annual settlement refund, was not paid within 14 days from the date of retirement without an agreement on extension of the due date for payment between the parties concerned.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is working for the said company from January 17, 201 to October 19, 2012.

On June 20, 2013, the part of the attached list of crimes (2) including retirement pay of retired workers E, KRW 3,441,313 was revoked and the dismissal of public prosecution was decided on the same day.

As described above, 43,323,415 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

The defendant of Gangnam-gu, Seoul, is the user who employs 30 full-time workers and operates an online game development company as the representative director of (ju)D in Gangnam-gu, Seoul.

1. The Defendant violating the Labor Standards Act is working in the above company from December 6, 2010 to April 30, 2012.

On June 20, 201, the part of the attached list of crimes, including KRW 1,377,910, paid to retired workers G, as well as KRW 1,377,910, was revoked, and the public prosecution was dismissed on the same day.

29,432,09 won was not paid within 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension of the due date for payment to four retired workers, such as the wage and the refund for year-end settlement.

2. Defendant who violated the Guarantee of Workers' Retirement Benefits Act: December 6, 2010

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