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(영문) 서울남부지방법원 2013.10.16 2013고단2520

근로자퇴직급여보장법위반

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan Government, who employs 50 full-time workers and operates the manufacturing and wholesale business of chemical drugs.

From August 1, 1994 to October 12, 2012, the Defendant did not pay 58,085,790 won of D retirement pay from the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a true statement;

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act (which has been punished three times as fines for the same kind of crime, and which choose imprisonment with prison labor in consideration of the amount of unpaid retirement allowances, etc.);

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his mistake and that there is no record of punishment heavier than imprisonment without prison labor) is above the suspended sentence;