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(영문) 서울남부지방법원 2012.09.07 2011고단156
근로기준법위반
Text

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

Reasons

Punishment of the crime

The Defendant is the representative of Geumcheon-gu Seoul Metropolitan Government B Co., Ltd. who is engaged in solar batteries manufacturing business, etc. using 200 full-time workers.

1. The Defendant did not pay the total of KRW 67,307,530,00,000 for workers D’s wages, including KRW 1,242,880, and the total of KRW 1,658,520, and KRW 2,901,40, and KRW 10,000, as stated in the details of the money and valuables in arrears in the attached Form (1) as stated in the attached Form (1), within 14 days from the date of their retirement without agreement on the extension of the due date between the parties concerned.

2. The Defendant did not pay KRW 89,069,491 in total, including KRW 627,516, as stated in the details of the money and other valuables in arrears (2) by workers E, who worked at the former workplace of the said company from June 30, 2010 to July 14, 2010 at the former workplace of the said company, within 14 days from the date of their retirement, without agreement on the extension of the payment deadline, as stated in the attached Form (2).

3. The Defendant did not pay KRW 162,731,321, total amount of wages of 33 employees on June 2010, as indicated in the attached Form, including KRW 1,076,530, monthly wage of July 1, 593,930, August wage of August 1, 202, KRW 529,650, September wage of KRW 1,498,050, and KRW 5,698,160, and KRW 162,731,321, respectively, on the 28th day of each month, a regular wage payment date.

The defendant of "2011 Highest 181" is a user who operates solar energy construction business by employing eight regular workers in the trade name of Geumcheon-gu Seoul Metropolitan Government G Co., Ltd.

1. The Defendant who has not paid money or valuables is working at the workplace above from September 1, 2008 to October 1, 2010.

He retired from office 956,160 won of May 2010, 4,839,420 won of June wage of 4,839,420 won of July wage of 4,835,820 won of August wage of 4,943,40 won of August wage of 5, 2010, and 21,141,620 won of retirement allowance of 11,540,173 won of annual salary of 1,847,440 won, and 34,529,233 won of delayed wage of 11,543 won of retirement allowance of 5,529,230 won of annual salary of 2010, without agreement on the extension of payment period.

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