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(영문) 의정부지방법원 2013.11.28 2012고단2313

근로기준법위반등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in this case, workers L, M, N,O, P, Q, R, SIC, U, V, W, X, Y, Z, and AA.

Reasons

Punishment of the crime

The defendant is a representative director of E and AE company located in the Gu Council-si, who runs a construction business with 60 and 50 full-time workers each, and 20 others.

1. According to Article 34 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 7339, Jan. 27, 2005) and Article 34 of the amended Labor Standards Act (amended by Act No. 7339, Dec. 1, 2005), the employer’s punishment for unpaid retirement benefits to employees after the enforcement date of the above Act shall not be the Labor Standards Act, but be the Act

(This part is only different from the name of the crime and applicable provisions of law, and it is not likely that the charges themselves are identical and the defendant's exercise of his/her right to defense may not be seriously affected, and it shall be deemed within the scope recognized without

In the foregoing company, while serving on March 11, 2002 to February 28, 201, as well as 19,824,950 won of AF's retirement allowance of 19,824,950 won, as well as 2,4 through 6,8, 10, 11, 13 through 18, 20, 21, 23 through 26, 28, 29, 31, 36 through 39, 43 through 46, 1,29, 221, and 960 won, each, within 14 days from the date of the occurrence of the cause for payment, without an agreement on the extension of the due date between the parties;

2. From May 15, 200 to May 11, 2012, the company’s violation of the Labor Standards Act did not pay 117,65,340 won, including the wages of 18,140,760 won, year-end refund 1,817,890 won, and the annual adjustment refund of 1,817,65,340 won, which is the aggregate of wages and annual adjustment refund of 6 workers, within 14 days from the date of the occurrence of the cause for payment without an agreement on extension of the due date between the parties, and “2012,833”.

1. AH's retirement allowance retired while serving in the company above violation of the Guarantee of Workers' Retirement Benefits Act, from June 1, 2003 to February 28, 2011.