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(영문) 서울중앙지방법원 2012.10.18 2011고단5946
근로기준법위반
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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.

(e).

Reasons

Punishment of the crime

The Defendant and F are the co-managers of (ju) H in the fiveth floor of Songpa-gu Seoul Metropolitan Government Building, who operate real estate sales business employing 60 full-time workers.

Defendant and F are working at the same workplace around November 24, 2010.

The sum of wages of retired workers I is 792,00 won not paid within 14 days from the date on which the cause of the payment occurred without an agreement on the extension of the due date between the parties, as shown in the attached Table of Crimes (excluding No. 20, 22, 24) between around that time and January 12, 201.

The total amount of wages of 22 retired workers was not paid 31,200,473 won within 14 days from the date on which the cause for the occurrence of the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. The legal statement of the Kim Il-il;

1. Each statement made by a witness A in the third protocol of trial and by witness F in the fourth protocol of trial;

1. A protocol concerning the police investigation of the defendant A;

1. Statement of the police statement of J, K, L, M, N,O, P, Q, R, and S;

1. The statements of T, U, V, W, X,Y, C, Z, AA, I,B, and AC;

1. Each written petition, each letter;

1. Application of Acts and subordinate statutes concerning partial certificates of registry;

1. Articles 109 (1) and 36 of the Labor Standards Act, and Article 30 of the Criminal Act concerning facts constituting an offense;

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

1. The portion of dismissing public prosecution under Article 62(1) of the Criminal Act (including the absence of previous convictions, the amount of damage is relatively small, and the degree of participation is weak than F)

1. The Defendant and F, on December 13, 2010, work at the workplace above (H) around December 13, 2010.

The sum of wages of retired workers C is 4,00,000 won not paid within 14 days from the date on which the cause of the payment occurred without an agreement on the extension of the due date between the parties, and is set out in [Attachment] Table 20, 22, and 24 from around that time to January 12, 201.

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