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(영문) 서울남부지방법원 2015.05.27 2013고단3127
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is an employer who employs 25 full-time workers in the trade name of Guro-gu Seoul Metropolitan Government, 1301 (ju)D and engages in IT-related software and hardware development business. A.

The Defendant did not pay KRW 4,264,167 on December 10, 2012 of E-employee E, who had been in charge of software development from February 20, 2012, on the 10th of the following month, which is the date of the regular payment of wages, and did not pay KRW 203,251,686 on the 10th of the following month, which is the date of the regular payment of wages, as shown in attached crime list 1.

B. The Defendant is in charge of software development from February 20, 2012 to May 24, 2013.

The retirement E’s wages of 24,706,386 won, year-end settlement refund 1,880,90 won, retirement allowance of 5,280,57,859 won, including retirement allowance of 31,86,859 won, which was not paid within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned, and as shown in attached Table 2 of the Crimes List 2, it did not pay the total of 298,774,695 won within 14 days from the date of retirement without any agreement on the extension of payment date between the parties concerned.

The Defendant is the employer as the representative director of G Co., Ltd. in Guro-gu Seoul Metropolitan Government, G in Guro-gu.

The Defendant worked for the foregoing company from December 1, 201 to May 3, 2013, but did not pay the amount of KRW 19,413,960, retirement allowance of KRW 5,49,220, as well as KRW 14 days from the date of retirement without any agreement on the extension of the date of retirement with the above H and the payment.

The Defendant is the user who operates software development business by employing 20 full-time workers as the representative director of Guro-gu Seoul Metropolitan Government C and D, 407.

From May 1, 2011 to December 11, 201, the Defendant agreed on KRW 76,332,309, including the sum of KRW 62,622,292, and KRW 2,970,00, and retirement allowance of KRW 10,740,01, and KRW 10,740,017.

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