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(영문) 서울북부지방법원 2015.02.17 2014고정2550
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the violation of the Guarantee of Workers' Retirement Benefits Act.

Reasons

Punishment of the crime

The defendant is the representative of C in Busan Jung-gu B building located in Busan Jung-gu, and the employer shall give the worker a notice at least 30 days prior to dismissal, and if the employer did not give a notice at least 30 days prior to dismissal, he shall pay the ordinary wages for at least 30 days at the above workplace, but is employed as the articles for the worker.

On October 31, 2013, retired workers D did not immediately pay 2.1 million won corresponding to the portion of ordinary wages for 30 days while dismissing workers D without notice on October 31, 2013 on the date of dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement by the respondent's agent;

1. Application of Acts and subordinate statutes on the benefit ledger;

1. Article 110 of the relevant Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. The rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., the acknowledgement of and radius from a suspended sentence, the primary charge with no criminal power, and the smooth agreement with the victim)

1. The summary of the facts charged in this part of the facts charged is that the Defendant, as an employer, did not pay KRW 513,550 of the worker D’s transportation cost in August 2013, and KRW 300,000 of the fixed extension allowance in September and October 2013, respectively, and KRW 6,219,320 of the retirement allowance.

2. The facts charged in this part of the judgment below are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, it can be acknowledged that the victim's worker D has withdrawn his/her wish to punish the defendant after the institution of the instant indictment. Thus, this part of the indictment is dismissed under Article 327 subparag.

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