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(영문) 서울중앙지방법원 2013.04.25 2012고정6985
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a representative director of Gangnam-gu Seoul Metropolitan Government B, who employs six full-time workers and engages in veterinary hospital and pet goods service business.

1. The Defendant worked for the pertinent company from April 19, 2010 to April 30, 2012, and paid retirement allowance of 2,804,793 won to retired workers C, and from October 8, 2010 to April 30, 2012, the amount equivalent to the retirement allowance of 846,575 won, total 3,651,368 won to retired workers D was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. On April 30, 2012, the Defendant dismissed 2,50,000 ordinary wages of at least 30 days in the foregoing Company without giving 30 days’ prior notice of dismissal to C, and did not pay 1,50,000 won to D, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes of D and C of each petition;

1. Relevant legal provisions concerning facts constituting an offense, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 201); Articles 110 subparagraph 1 and 26 of the Labor Standards Act; and choice of fines, respectively, for the choice of penalties;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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