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(영문) 서울중앙지방법원 2014.02.18 2013고단6802
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a representative director of corporation D with the fourth floor of Gangnam-gu Seoul Metropolitan Government, who employs eight full-time workers and operates landscaping, design, supervision, etc. while operating the above company.

1. The Defendant did not pay an amount equivalent to 12,80,000 won in total of wages and retirement allowances, as shown in attached Form 1, such as wages and retirement allowances of 859,000 won in March 2012, 201 to E retired from office while working in the said company from January 16, 2012 to February 25, 2013, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. The Defendant, from May 14, 2012 to June 30, 2013, worked in the said company and retired from office, did not pay an amount equivalent to KRW 30,220,00,00 in total, including wages and retirement allowances of KRW 877,00, Jun. 6, 2012, to F, within 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties concerned, and did not pay an amount equivalent to KRW 51,797,570 in total for three workers, as shown in the attached Table 2, within 14 days from the date of each retirement without agreement on the extension of the due date for payment between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes of the written petition for E, G, F, and H;

1. Relevant legal provisions concerning criminal facts: Articles 109 (1), 36, and 43 (2) and (1) of the Labor Standards Act; Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act; Article 9 of the same Act;

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

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

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