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(영문) 서울남부지방법원 2016.01.28 2015고단1746
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Criminal facts

The Defendant is an actual manager of the Korean National Sports Center C Hospital, an incorporated association in Gangseo-gu Seoul Metropolitan Government, who employs 31 full-time workers, and runs the medical business. The Defendant did not pay the total of KRW 1.4 million and retirement allowance of KRW 724,550,00,000,000,000,000 from June 14, 2009 to July 1, 2010, without agreement on the extension of the payment period between the parties within 14 days from the date of each retirement, and did not pay the total of KRW 96,045,410 and the total of KRW 84,155,930,00 for 24 workers as shown in the list of crimes in the attached Table, within 14 days from each retirement day without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to the specifications of overdue debts;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense (not being paid as wages)

(1) Each employee’s retirement benefit security (amended by Act No. 10967, Jul. 25, 201); and Articles 31 and 9 of the former Act (amended by Act No. 10967, Jul. 25, 201)

O. Imprisonment selection)

1. The sentence against the Defendant was determined by taking account of the following factors: (a) the amount of money in arrears with the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; (b) the amount of money in arrears with the reason for sentencing; (c) whether money was liquidated ex post facto; and (d) the Defendant’s age, criminal history; and (c) the circumstances after committing the crime.

It is so decided as per Disposition for the above reasons.

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