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(영문) 대전지방법원 2013.04.12 2012고정780

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 Sung-gu D Co., Ltd. who runs general construction business, etc. using seven regular workers.

The defendant is working as a field management worker from June 15, 2003 to April 30, 2011.

The retirement allowance of the retired E was not paid 27,171,850 won within 14 days from the date of retirement in which the cause for the payment occurred without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by witnesses E in the second protocol of the trial;

1. Application of Acts and subordinate statutes to average wages and retirement allowance calculation statement;

1. The relevant legal provisions on criminal facts and Articles 31 and 9 (Selection of Fines) of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) of the Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201) stated in the indictment name and applicable provisions of the Labor Standards Act as “violation of the Labor Standards Act” and “Articles 109(1) and 36 of the Labor Standards Act” but the

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

1. In light of the circumstances that may be considered when a defendant commits a crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the fact that a compromise was made between the defendant and E ( Daejeon District Court Decision 2011Da57644) to pay KRW 20 million to E in a civil lawsuit between the defendant and E, the punishment as ordered shall be determined.