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(영문) 서울남부지방법원 2016.07.19 2016고단58
근로기준법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative director of the E Co., Ltd. in Guro-gu Seoul Metropolitan Government D, who is a user who runs software development business using 20 full-time workers.

The defendant was working for the aforementioned workplace from May 18, 2009 to October 31, 2013 and was employed for the period from May 18, 2009 to 3,053,310 won, from December 10, 204 to July 12, 2013, and was employed for the period from 38,250,30 won of G retirement pay, from July 11, 207 to 6, 2015, and was employed for the period from 17,689,872 won and retirement pay from 29,82,930 won, from August 22, 201 to 308, from 208, and did not pay the total amount of retirement pay to workers who were employed for the period from 10,500 won to 38,500 won among the retirement pay of workers who were employed for the period from 208 days to 318,5371.4

Summary of Evidence

1. Statement by the defendant in court (Statement on the second public trial date);

1. Each written appeal, the statement on overdue payment of wages, and written statement;

1. Application of each written confirmation of unpaid benefits and retirement allowances, business registration certificate, each certificate of business registration, each average wage and retirement allowance estimate, each detailed statement of unpaid retirement benefits and retirement allowances, each payment statement, passbook, benefit payment confirmation, health insurance eligibility confirmation, health insurance card, transaction details and benefit ledger of passbook, retirement benefits and other statement for calculation of money and valuables, detailed statement of payment transfer, bonus ledger, detailed statement of payment account, and applicable Acts and subordinate statutes to unpaid benefits;

1. Relevant legal provisions concerning criminal facts;

(a) Payment of each wage: Articles 109(1) and 36 of the Labor Standards Act;

(b) Unpaid retirement benefits: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act.

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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