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(영문) 서울중앙지방법원 2016.11.02 2016고단2722
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative of Seocho-gu Seoul Metropolitan Government C building and the second floor “D” and is a person engaging in software development and supply business with 20 full time workers.

1. On September 28, 2016, the part concerning workers E and four other workers (hereinafter referred to as "2016 piece 2722") F, G, and H is dismissed due to revocation of public prosecution;

A. The Defendant violating the Labor Standards Act is working from May 1, 2006 to January 31, 2016 at the above workplace.

The retirement E’s wage of KRW 5,00,000, including wage of KRW 1,250,000 on December 2, 2015, was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

B. The Defendant violated the Act on Guarantee of Workers’ Retirement Allowances and Benefits at the pertinent workplace is working from June 4, 2012 to July 12, 2014.

The retirement allowance of the retired I, including KRW 1,361,231, did not pay the total retirement allowance of KRW 82,422,777 in total within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as described in the Schedule of Attached Crimes (1).

2. On September 28, 2016, the part on workers L, M, and N related to workers J and six others (hereinafter “2016 Highest 3936”), the Defendant, who was dismissed on the ground of revocation of public prosecution on September 28, 2016, shall work in the above company from May 1, 2006 to January 31, 2016.

The retirement worker J did not pay 4,792,504 won in total of 6,065,730 won and 38,726,774 won of retirement allowance within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 163,740,036 to seven employees of the company as stated in the attached list of crimes (2) within 14 days from the date of retirement, as well as the amount of wages and retirement allowances for the seven employees of the company.

3. On September 28, 2016, the part on workers’O, P, Q, and R in the part on workers’ K and two other (hereinafter “2016 Highest 5094”), the Defendant, who was dismissed due to the revocation of public prosecution, works in the above company from February 1, 2005 to January 31, 2016.

K's retired workers in 2015.

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