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(영문) 서울중앙지방법원 2013.08.22 2012고단6771
근로기준법위반등
Text

Defendant shall be punished by a fine for negligence in KRW 6,000,000 (F1 million).

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The Defendant is the representative director of Q Q in the fourth floor of Seocho-gu Seoul Metropolitan Government, who employs 10 full-time workers and engages in the system software development and supply business.

From September 15, 2009 to December 28, 2011, the Defendant did not pay KRW 3,734,033 of retirement allowances to R of retired workers 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 an amount equivalent to KRW 60,439,987, including wages, etc. for four retired workers, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as set out in the separate list of crimes Nos. 1 through 4.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of S and T;

1. Application of Acts and subordinate statutes of R/U to each petition;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (worker U, S, and T, the violation of the Labor Standards Act, the violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on the violation of the Guarantee of Workers' Retirement Benefits Act, the nature of which is heavier);

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment stipulated for a violation of the Guarantee of Workers' Retirement Benefits Act against Tangibles of the largest penalty);

1. The dismissal of public prosecution under Articles 70 and 69(2) of the Criminal Act

1. The summary of this part of the facts charged is as follows.

The Defendant is the representative director of Q Q in the fourth floor of Seocho-gu Seoul Metropolitan Government, who employs 10 full-time workers and engages in the system software development and supply business.

The defendant is from June 1, 2009 to March 27, 2012 at the above company.

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