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(영문) 창원지방법원 거창지원 2014.05.21 2013고단315

근로기준법위반등

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 the D Co., Ltd. located in Chungcheongnam-gun, Chungcheongnam-do from September 11, 2009 to April 201, 2013, who has employed seven full-time workers and engaged in construction business.

The Defendant has worked from December 2, 2002 to April 16, 2010.

The retirement allowance of retired workers E was not paid KRW 11,724,220 within 14 days from the date of retirement without an agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E’s written petition;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201); and selection of fines;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is the representative director of the D Co., Ltd., who has employed seven full-time workers and carried on construction business.

Defendant in violation of the Labor Standards Act is working in D Co., Ltd from February 2, 2009 to March 30, 2013.

The retirement worker B did not pay the total of KRW 44,00,000 ( KRW 2,00,000 per month, and KRW 22 months) from June 201 to March 2013 within 14 days from the date of retirement without agreement on the extension of the due date.

B. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act is working in D Co., Ltd from February 2, 2009 to March 30, 2013.

The retirement allowance of retired workers B was not paid 8,317,808 won within 14 days from the date of retirement without an agreement on the extension of the due date.

2. One copy of the case. This part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The records of this case include the victim.