logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2012.12.27 2012고단1311
근로기준법위반등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The defendant is the C representative director, Inc. located in Overcheon-si, who employs 10 full-time workers and operates printing business.

1. The Defendant in violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act with respect to workers D, from December 1, 2008 to January 31, 201, did not pay KRW 6,385,572 as retirement allowances for the period of service from February 1, 2008 to January 31, 201 without agreement on the extension of the payment period between the parties to the payment period, and did not pay KRW 4,185,572 as retirement allowances for the period of service from January 31, 201 to January 31, 2011, without any agreement on the extension of the payment period between the parties to the payment period.

2. The Defendant in violation of the Act on the Guarantee of Workers' Retirement Benefits to Workers E did not pay the retirement allowances of workers E, 7,255,315 won, which were employed in the said workplace from May 16, 2006 to December 31, 2010, within 14 days from the date on which the cause for payment occurred without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, Articles 109(1) and 36 of the Act on the Selection of Punishment, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201) (the fact that retirement allowances are not paid and the choice of fines)

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

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

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

arrow