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(영문) 서울중앙지방법원 2018.12.20 2018고단6587
근로기준법위반등
Text

A defendant shall be punished by imprisonment for a year and February of one year and a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a user who runs software development and supply business using 40 full-time workers as a representative director in Gangnam-gu Seoul Metropolitan Government Ha building 4th floor.

1. Violation of the Labor Standards Act;

(a) Where a worker dies or retires, the employer of the portion unpaid to wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 153,752,643 in total, including the wages of 24 workers, within 14 days from each retirement day on which the cause for the payment occurred, without an agreement between the parties on the extension of the due date of payment between them, as shown in the list of crimes in the attached Table, including KRW 1,570,147 of JJ’s retirement from the said workplace from May 16, 201 to April 30, 201, as well as KRW 1,570,147 of JJ’s retirement from the said workplace.

(b) An employer who fails to prepare a labor contract shall specify in writing the terms and conditions of employment, such as wages, prescribed working hours, holidays, annual paid leaves, etc., to the worker when concluding the labor contract, and shall deliver them to the worker.

Nevertheless, the Defendant did not prepare and deliver to K workers retired while working in the same workplace from September 27, 2017 to October 25, 2017 a document stating the composition items, calculation method, payment method, prescribed working hours, etc.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant’s work from May 2, 201 to April 30, 2017, as well as KRW 14,413,847 of L retirement pay of retired workers from around around May 2, 201, and as indicated in the list of crimes in the attached Form (except Nos. 7, 20, 34, 37, and 40 of annual retirement pay amounting to KRW 453,98,347 between the parties.

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