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(영문) 서울중앙지방법원 2013.07.09 2012고단4434
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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, as the representative director of the Gangnam-gu Seoul Metropolitan Government F and G Center, is the employer who employs 50 full-time workers and operates the above company while engaging in the public official pension store business and general distribution business.

The Defendant did not pay the amount equivalent to 4,009,664 won of retirement allowances to I retired while working in the said company from June 11, 1999 to February 21, 201, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

The Defendant, including this, rendered a decision to dismiss the prosecution on May 14, 2013 on the same day after the public prosecution was revoked on the attached list Nos. 3, 9, 12, 13, 15, and 23.

The total amount of 125,083,388 won, such as wages and retirement allowances, for 12 workers as described above, has not been paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

The Defendant, as the representative director of the Gangnam-gu Seoul Metropolitan Government F and G Center, is the employer who employs 50 full-time workers and operates the above company while engaging in the public official pension store business and general distribution business.

The Defendant did not pay the amount equivalent to 28,033,620 won of retirement allowance to J who retired while serving in the said Gwangju branch from June 11, 1999 to March 16, 2012, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date.

The defendant, including this, is the part of the judgment dismissing the prosecution that is deemed to be below in the attached Form No. 2, 3, and 4.

The total amount of 29,388,900 retirement allowances for total two workers, as described above, was not paid within 14 days from the date of their retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

"2012 Highest 4434"

1. Partial statement of the defendant (as of the fourth trial date);

1. Each statement of K, L, M, and N;

1. I,O, P, Q, R.

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