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(영문) 서울동부지방법원 2015.12.23 2015고단2514
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative director of Seongdong-gu Seoul Metropolitan Government (main) 401, who is a user who engages in software development business using 35 regular workers.

The defendant shall work in the relevant workplace from June 3, 2013 to March 15, 2015.

Wages of retired workers D, as wages of 8,903,222 won, retirement allowances of 6,261,184 won, and retirement allowances of 63,676,470 won, 15,406 won, plus 7,098,214 won + 15,313,606 won + 13,092,714 won,7,762,52,5244 won + 245,06 won [2,76,67] of March 2015, including 8,76,06 won, and 6,261 through 5,75,06 won, without agreement between the parties to the agreement on the extension of the period of payment without the agreement between the parties to the agreement on the total amount of the indictment for the crime and 63,67,259,50,865,865,965,966.”

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the accused (including attached materials);

1. Each statement;

1. Each report on delayed payment of wages;

1. Each employment contract;

1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Although some of the amounts have been repaid during the judgment on the grounds of sentencing under Article 62(1) of the Criminal Act, the unpaid amount shall exceed 60 million won: Provided, That the defendant appears to have failed to pay wages and retirement allowances due to a poor business operation, and the whole workers and mediation have been formed (Seoul Central District Court 2015ss.37449) shall be determined by taking into account the fact that the whole workers and mediation has been made (Seoul Central District Court

1. The summary of the facts charged is as follows: (a) employee E retirement pay of KRW 5,569,823, and F retirement pay of KRW 2,776,67, and G wage of KRW 13,236,236, as stated in [Attachment 6,8, and 9] list of crimes committed by the Defendant.

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