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(영문) 부산지방법원 동부지원 2015.12.28 2015고정251
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an internal director and a manager of the LAC with office No. 4202 of Busan Shipping Daegu building 4202, who employs approximately 10 workers on a regular basis and operates a golf travel business.

When a worker retires, the employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from October 4, 2010 to February 28, 2013, did not pay the total of KRW 14,854,830 and retirement pay of KRW 4,816,438 as well as retirement pay of KRW 14,854,830, and retirement pay of KRW 4,816,438, which was retired from office in the Yak-dong 1393 Yak-dong 1393 Yakdong, Busan

Summary of Evidence

1. Some statements made by the suspect interrogation protocol of the accused prepared by the special judicial police officer;

1. Application of the Acts and subordinate statutes to written statements of E prepared by the special judicial police officer;

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and the main sentence of Article 9 (which means the payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishment on a violation of the Labor Standards Act heavier than the ordinary concurrent crimes);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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;

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