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(영문) 서울동부지방법원 2013.11.21 2013고단119

근로기준법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the Seoul Gwangjin-gu Seoul Special Metropolitan City 202, who ordinarily employs ten workers and operates a medical device manufacturing business.

The defendant shall work in the above workplace from June 1, 2009 to May 19, 2012.

Wages 9,032,259 won, retirement allowances 9,60,808 won, total of 18,693,067 won, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E by each respondent;

1. A written statement of D;

1. Written petition of D;

1. Application of certified transcript of corporate register or benefit ledger Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts; Articles 31 and 9 of the former Guarantee of Workers’ Retirement Benefits Act (Amended by Act No. 10967, Jul. 25, 201)

2. Formal concurrence, Articles 40 and 50 of the Criminal Act for the selection of punishment, the selection of fines.

3. The part of dismissing the public prosecution under Articles 70 and 69 (2) of the Criminal Act for the detention in a workhouse; and

1. The summary of the facts charged is the representative of the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Building 202, who ordinarily employs 10 workers and operates medical device manufacturing business.

The Defendant shall work in the workplace from February 16, 2010 to February 29, 2012.

The retirement allowance of retired F, including KRW 4,703,892, did not pay the retirement and retirement allowances of six retired workers within 14 days from the date of retirement without any agreement on extension of the due date between the parties, as described in the attached Table Nos. 1, 3, and 7.

2. The above facts charged are crimes stipulated in Articles 109(1) and 36 of the Labor Standards Act and crimes stipulated in Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act. However, the above facts charged against workers F, G, H, I, and J.