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(영문) 서울중앙지방법원 2014.06.17 2014고단2637
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 the head of the headquarters in Jung-gu Seoul Metropolitan Government, who employs five full-time workers and operates an environmental impact assessment service business.

1. When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred;

The Defendant is working from August 11, 2005 to August 28, 2012 at the above workplace.

The retirement E’s wages of KRW 18,261,790, and KRW 53,643,670, respectively, were not paid within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as shown in the attached list 1 of crimes committed.

2. Where an employer who violates the Guarantee of Workers' Retirement Benefits Act retires a worker, he/she shall pay a retirement allowance within fourteen days from the date when the cause for such payment occurred;

The Defendant is working from August 11, 2005 to August 28, 2012 at the above workplace.

The retirement allowance of retired E, including KRW 6,767,205, did not pay the total of KRW 19,916,498 for three retired workers within 14 days from the date of the retirement without an agreement on extension of the due date between the parties concerned, as shown in attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute of F, E, and G;

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

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

1. Imprisonment with prison labor chosen;

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;

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