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(영문) 대전지방법원 천안지원 2013.12.19 2013고정1168
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative of the Seo-gu Northern-gu C Island, is an employer who runs an entertainment drinking house business by using ten full-time workers, and the employer shall pay wages, compensations, and other money and valuables within 14 days from the time when the cause for the payment thereof occurred when a worker dies or retires. However, the Defendant is working from January 18, 2012 to March 24, 2013 at the above workplace.

On February 2, 2013, E, including wage 2,200,000, did not pay 49,475,670 won in total as of the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as stated in the detailed statement of the money and valuables in arrears in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each petition and statement, a mutual fact confirmation, and the application of Acts and subordinate statutes governing corrective orders on violations of the Labor-Related Act;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where each retirement pay is not paid at the time of sales);

1. Articles 40 and 50 (E and F to violate the Labor Standards Act by worker and to violate the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each alternative fine for punishment;

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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