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(영문) 대구지방법원 2013.07.10 2013고정1411

근로기준법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the C Education Center in Daegu Suwon-gu B.

From March 1, 2009 to February 20, 2013, the Defendant did not pay the sum of KRW 1,142,850 for retirement pay and KRW 2,730,850 for retirement pay of KRW 3,873,70 for retirement pay on February 1, 2013 and KRW 3,873,70 for retirement pay from the date of retirement without agreement on the extension of the due date.

In addition, the Defendant did not pay the total of KRW 6,160,120 and the total of KRW 9,461,120, which were retired from the above C Education Center as stated in the attached list of crimes committed by the Defendant, within 14 days from the date of each retirement without agreement on the extension of the date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 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 an alternative fine for punishment;

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

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;