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(영문) 서울중앙지방법원 2013.04.23 2012고정6486
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is an incorporated C representative director of the Guro-gu Seoul Metropolitan Government, who employs 50 full-time workers and operates juvenile welfare facilities as an incorporated association in 404.

The defendant works in the above workplace as a shuttle bus driver from March 2, 2003 to December 31, 2009.

16,467,863 won of retirement allowance for 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 due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to certificates of service, register of motor vehicles and notice of payment, details of payment of benefits for a petitioner, details of data obtained from investigation, and data submitted by G Juvenile Training Centers

1. Relevant legal provisions concerning criminal facts, Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) of the Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201); the public prosecutor shall apply Articles 109(1) and 36 of the Labor Standards Act to the facts charged in the instant case; however, the Act on the Guarantee of Workers' Retirement Benefits not only applies to the facts charged in the instant case but also applies the Act on the Guarantee of Workers' Retirement Benefits. This part of the charges

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

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