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(영문) 서울남부지방법원 2020.09.02 2020고단2156
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 is the representative director of Geumcheon-gu Seoul Metropolitan Government Dispute Resolution D, who runs software development business using seven full-time workers.

1. Partial wages in violation of the Labor Standards Act shall be paid directly to workers in currency at least once a month on a fixed date;

Nevertheless, the Defendant did not pay KRW 4,00,000 for workers E who worked from June 7, 2016 at the above workplace, and KRW 3,376,66 for workers F who worked from October 17, 2016, on September 10, 2019, respectively, on October 10, 2019, for workers F who worked in the workplace from October 17, 2016.

2. Where an employer who violates the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits dies or retires, the employer shall pay wages, compensations, and other money, valuables and retirement allowances within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the above workplace as of June 7, 2016 to February 29, 2020 and retired workers E’s wages of March 1, 2018, wages of 4,00,000, wages of August 3, 2019, 3,482,300, and September 10, 2019, the amount of wages of 33,132,100, retirement allowances and retirement allowances of 14,72,843, 100, 200, 2016, 33,000, 4,000, 16, 200, 16, 200, 16, 200, 10, 200, 10, 10, 200, 10, 200, 10, 200, 19, 200, 19, 200

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to investigation reports (propact No. 127 of investigation records) on respective copies of G and E production;

1. Article 109(1) and Article 43 of the Labor Standards Act (the point of payment of wages on a regular date) on criminal facts.

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