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(영문) 서울남부지방법원 2013.05.03 2013고정874

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Geumcheon-gu Seoul Metropolitan Government C Co., Ltd. located in 1005, who runs the software development business using 18 full-time workers.

From March 2, 2011 to April 30, 2012, the Defendant did not pay the amount of KRW 1,573,620 and retirement allowance of KRW 2,284,764 (total amount of KRW 3,858,384) in April 2, 2012, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E in the preparation of D;

1. Articles 109(1) and 36 of the Labor Standards Act for criminal facts, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 2011) (the unpaid retirement allowances) (Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits (wholly amended by Act No. 10967, Jul. 25, 201) are stated in the indictment as applicable provisions of the Act on the Guarantee of Workers' Retirement Benefits (wholly amended by Act No. 10967, Jul. 25, 201). However, Article 1 of the former Act is applied from July 26, 2012, and thus, Article 31 and 9 of the former Guarantee of Workers' Retirement Benefits (wholly amended by Act No. 10967, Jul. 25, 2011) are applied. 20

Since the above part amendment has been partially amended without changing the location and expression of the article without changing the actual contents, it is not likely that the application of the old law ex officio would result in substantial disadvantage in the exercise of the defendant's right of defense.

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. Article 334 (1) of the Criminal Procedure Act.