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(영문) 서울서부지방법원 2016.10.27 2015고단3297
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a representative of Mapo-gu Seoul Mapo-gu Seoul E, and is an employer who conducts online advertising agency business using five regular workers.

1. The Defendant in violation of the Labor Standards Act did not pay the amount of KRW 2,877,77 of the G retired from office in April 2015, 2015 within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, and did not pay the total amount of KRW 5,078,887 of the wages of two workers within 14 days from the date of retirement, as stated in the attached crime list, as stated in the attached crime list, without agreement on extension of the due date between the parties concerned.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 23,851,485 of G retirement allowances retired from the said company from October 1, 2007 to April 27, 2015 within 14 days from the date of retirement without agreement on the extension of payment period between the parties concerned, and did not pay KRW 15,062,892 in total for six employees as shown in the attached list of crimes in the attached list of crimes, within 14 days from the date of retirement without agreement on extension of payment period between the parties concerned.

Summary of Evidence

1. The defendant's legal statement (the sixth court date);

1. Each police statement on G, H, I, J, K, and L (including replacement);

1. A written petition;

1. Online advertising agency contract and e-mail output;

1. A withholding tax receipt, a statement of insured status at an individual workplace, and a payment statement of wages;

1. Application of statutes governing judgment;

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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