logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.05.02 2012고단4161
근로기준법위반등
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where 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 director of Daejeon U.S. Co., Ltd. who is engaged in manufacturing and wholesale and retail business of drugs by employing 26 full-time workers.

The Defendant did not pay the total amount of KRW 2,644,41, retirement allowance of KRW 2,336,320 from April 6, 201 to April 8, 2012 to workers who worked in the said company within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

In addition, the defendant did not pay the total of 34,226,770 won of wages and retirement allowances of 11 workers who worked in the above company as shown in attached Table 1 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

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

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

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Articles 31 and 9 of the former Act on the Guarantee of Workers' Retirement Benefits (wholly amended by Act No. 10967, Jul. 25, 201);

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

1. Selection of each alternative fine of punishment (including the circumstances surrounding payment of wages and retirement allowances, most accounts payable as substitute payment for the Korea Workers' Compensation and Welfare Service, and the Korea Workers' Compensation and Welfare Service fully collects the substitute payment at the auction procedure for the property owned by the defendant, and without any particular

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

1. The summary of the facts charged is that the Defendant did not pay KRW 1,88,881, retirement allowance of KRW 8,588,200 from August 5, 2003 to April 8, 2012, to workers N who worked in U, a stock company, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

In addition, the defendant is also the defendant.

arrow