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(영문) 대구지방법원 2013.11.29 2012고정3634
근로기준법위반
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 director of the Corporation D in Daegu Northern-gu C.

The Defendant had worked in the foregoing D from January 1, 1998, and had retired on May 1, 2012, and had not paid annual allowances of 5,684,160 won (950,40 won for the year 2008, KRW 997,920 for the year 2009, KRW 1,911,360 for the year 201, KRW 1,824,480 for the year 201, KRW 269,740 for the New Year 201, and KRW 1,400 for the retirement allowances, KRW 37,375,060 for the total amount of KRW 46,729,90 for the year 201, within 14 days from the date of retirement without agreement on extension of the date.

Summary of Evidence

1. Statement made by witnesses E in the third protocol of the trial;

1. Statement to E by the police;

1. Complaint;

1. Details of confirmation of telephone or other facts;

1. Application of Acts and subordinate statutes to the calculation of the wage ledger, personal history inquiry into the employment insurance system, workplace tax inquiry into the workplace, employment contract, resume, employee record cards, and overdue money and valuables in arrears filed by the complainant;

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

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

1. Selection of an alternative fine for punishment;

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;

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