logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.21 2016고정571
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. and the employer.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay all money, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 10,175,080 to retired workers D's wages until March 8, 2015, and did not pay KRW 271,649,425 of the total wages of 46 workers as stated in the attached list of crimes, as stated in the attached list of crimes.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 11,943,227 of the retirement allowances of 29 workers D, who were employed by the said company until March 8, 2015, and did not pay KRW 336,65,680 in total, as stated in the list of crimes in the attached Table, within 14 days from the time when the cause for the payment occurred.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Each police statement related to G and H;

1. Each statement in the preparation of I, J,K, L, M, N, P, Q, R, S, T, V, M, X,Y, Z, AA, AB, AC, AD, AD, and D;

1. AE and 24 persons including R, 9 persons including R, 20 persons including AF, 16 persons including V, 15 persons including AG, AH, and AI, and a written petition filed by AJ;

1. To verify the arrears of a petitioner, such as a private employee, an employment contract, etc., each salary statement, each passbook, each transaction statement, each statement of accounts of retirement allowances, etc., calculation of retirement allowances, specifications, etc., verification of the details of arrears, and application of statutes on payment records

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1. Trade name;

arrow