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(영문) 춘천지방법원 영월지원 2014.08.22 2013고단281
근로자퇴직급여보장법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. located in Gangwon-gu Group B, who is an employer who runs the type manufacturing business by employing 15 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 3,320,49,00,000,000,000 from May 14, 2008 to March 23, 2012, to retired workers D’ annual allowance of KRW 375,120,00 from the date of his/her retirement without an agreement on extension of the payment due date, and did not pay it within 14 days from the date of his/her retirement as stated in the attached crime list (1) as stated in the attached crime list (1).

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay the retirement allowance of KRW 1,848,903 of the retired employee D while working in the above C workplace from May 14, 2008 to March 23, 2012, within 14 days from the date of retirement without agreement on extension of the payment due date, and did not pay the total amount of KRW 38,767,722 of the retirement allowance of 9 retirement workers within 14 days from the date of retirement without agreement on extension of the payment due date with the parties as shown in the attached list of crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition and the F’s report on overdue wages;

1. Application of Acts and subordinate statutes to the details of arrears, the calculation of unpaid wages, and retirement allowances;

1. Article 109 (1), and Article 36 of the Labor Standards Act as to facts constituting an offense (the point where money or goods are not liquidated), Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point where retirement allowances are not paid);

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

1. Selection of an alternative fine for punishment;

1. Articles 37, 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. Penalty surcharge of KRW 4,000,000 to be suspended;

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

1. The suspension of sentence is old under Article 59(1) of the Criminal Act, and there is no special criminal record other than a fine for life.

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