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(영문) 서울동부지방법원 2015.04.15 2014고단2902
근로기준법위반등
Text

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

[2014 Highest 2902] The Defendant is the user who employs 15 full-time workers as the representative of the mainG in the third floor of the F building in Seongdong-gu Seoul Metropolitan Government.

The Defendant shall work at the relevant workplace from March 19, 2012 to June 30, 2014.

The parties concerned did not pay the total amount of KRW 132,583,866 of the eight workers' wages and retirement allowances, including the total amount of KRW 31,227,831, including the wages and retirement allowances of the retired workers H, within 14 days from the date of occurrence of the cause for payment without any agreement on the extension of the due date, as shown in the attached Form (except as seen below, C and D do not want to be punished by the Defendant).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, I, J, K, L, M, N, andO;

1. A written calculation of average wages and retirement allowances;

1. The application of Acts and subordinate statutes to a copy of each benefit ledger and a copy thereof;

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that there is no past record of punishment, other than reflective nature, background of crimes, and criminal records and one time of fines);

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. The summary of the facts charged [2014 Highest 2902] The Defendant is a user who employs 15 full-time workers as the representative of (mainG) G in the third floor of the F building in Seongdong-gu Seoul Metropolitan Government.

The defendant shall work at the relevant workplace from February 5, 2006 to August 1, 2014, such as the details of the arrears in attached Form.

The 29,656,899 won and C’s wage 1,150,000 won in total, including wages and retirement allowances, of retired workers D, were not paid within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

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