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(영문) 대전지방법원 2013.04.18 2012고정2050

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of Daejeon P Co., Ltd., Ltd., Ltd., which is located in 601 and 602, Dongdong-dong, Daejeon Seosung-gu C.

The Defendant, around February 11, 201, at the same place of business as of March 16, 2009, did not pay 3,367,361 won of his retirement allowance, and 707,142 won of his/her monthly wage as of February 201, within 14 days from the date of his/her retirement without any agreement on extension of the due date.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the witness F in the court;

1. A protocol concerning the examination of the accused by the prosecution (including the E substitute part);

1. The second respondent's statement;

1. Application of statutes governing the payment of pension premiums, such as employment contracts, winter Camping incentives, certificate of income, statement of history of insured status of employment insurance, work book, work book, settlement report on the settlement of civil petitions, inquiry about the status of civil petitions, wage ledgers, corrective instructions on labor-related Acts and subordinate statutes, retirement pay, settlement of accounts for retirement allowances, certificates of payment of health insurance premiums,

1. The prosecutor stated in the indictment only the crime and the applicable provisions of the Labor Standards Act as “violation” and Articles 109(1) and 36 of the Labor Standards Act (which was amended by Act No. 10366, Jun. 10, 2010) and Articles 31 and 9 (which was in force on June 11, 2012) of the former Act on the Guarantee of Workers’ Retirement Benefits (which was amended by Act No. 10366, Jun. 10, 2012), but Article 34 of the Labor Standards Act applies to the retirement benefit scheme pursuant to Article 34 of the Labor Standards Act.

On the other hand, this difference between the criminal and the applicable provisions of law, and there is no concern that the charges and statutory penalty are identical so that the defendant may have a substantial disadvantage in exercising his/her defense right

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;