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(영문) 부산지방법원 2014.11.12 2013고단4377

근로자퇴직급여보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is an employer who operates the F company of the shipbuilding machinery manufacturing company located in Gangseo-gu Busan Metropolitan Government E.

[2013 Highest 4377] The Defendant did not pay KRW 22,307,70,000 from May 28, 2001 to July 31, 2012, to employees G’ retirement allowances, who were employed by the said FF company from May 28, 201 to July 31, 2012, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline. On November 15, 2012, the Defendant did not pay KRW 35,03,250,00 to employees H retirement allowances, who were employed by the said FF company from November 30, 198 to October 31, 2012, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

[2014 Highest 1395] From January 10, 200 to November 10, 2013, the Defendant did not pay KRW 4,346,630 and retirement pay KRW 25,16,020 of the retired employee I’s wages and retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as stated in the “the details of payment in arrears for each individual” in the attached Table, including the details of payment in arrears between the parties.

Summary of Evidence

[2013 Highest 4377]

1. Statement of the accused in the first protocol of trial;

1. Each statement in the preparation of G and H (2014 high group 1395);

1. Defendant's legal statement;

1. Each statement made to the J in the preparation of labor inspector;

1. A written statement in K and I;

1. A detailed statement of calculation of each retirement allowance and wage ledger;

1. Application of Acts and subordinate statutes to investigation reports (the verification of the I retirement date);

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act shows the attitude of acknowledging and opposing the defendant's wrongness, and the defendant appears to be.