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(영문) 대전지방법원 천안지원 2017.06.29 2017고단939
근로자퇴직급여보장법위반등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the C Company in Seoan-gu, Seoan-gu, Seoan-gu, the defendant is the user who is engaged in the manufacturing of medical devices with 11 full-time workers.

1. An employer shall pay a retirement allowance within 14 days from the date on which the ground for such payment occurred, where a worker retires: Provided, That in extenuating circumstances, the payment deadline may be extended by mutual agreement between the parties concerned, and the defendant who has served in C from May 1, 2014 to C;

7. 31. He did not pay 81,034,560 won in total, including 3,935,112 won of retirement pay of D retirement pay of 3,935,112 won, and 81,034,560 won in total, as indicated in the list of separate crimes, from the date of his retirement to the lapse of 14 days from

2. When an employer intends to dismiss a worker, he/she shall give the advance notice at least 30 days prior to the dismissal, and when he/she did not give the advance notice 30 days prior to the dismissal, the Defendant, without the advance notice from August 1, 2016, dismissed four workers listed in the attached Table 1 to 30 days each time of crime, including C Company’s Workers D, and did not pay 6,26,193 won in total equivalent to the said four-day ordinary wages.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning facts constituting an offense, Article 44 subparag. 1, Article 9 of the Guarantee of Retirement Benefits for each worker who is selected as an employee, Article 110 subparag. 1, Article 26 of the Labor Standards Act, and Articles 110 subparag. 1, and 26 of the same Act, and choice of imprisonment for each penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the type and degree of the crime in this case, the criminal punishment of the defendant (not less than the same kind or suspended execution) and the recognition and reflect of the crime, and some of the circumstances of the crime shall be taken into account.

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